, 􀁾􀀠 􀁾􀀠􀁾􀁬􀀠 􀁾􀁉􀀠 1 I " ) t 1 @ COWLES &THOMPSON A Professional Corporatiol'l ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM September 27, 2004 Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Town ofAddison v. Motel 6 Operatittg, L.P., et al. Your File No. GF 02R14035/SJ7 Dear Patricia: Thank you for your letter dated September 23, 2004 forwarding a copy of the recorded Release of Lien, the recorded Agreed Judgment and the Owner's Title Policy for the above-referenced transaction. Please note that the Owner's Title Policy does not delete the arbitration provision. Enclosed is a copy ofmy July 6, 2004 letter to you forwarding an executed Deletion ofArbitration Provision form. I would appreciate your having this matter corrected at your earliest convenience and providing a corrected Owner's Title Policy. Thank you for your attention to this matter. Sincerely, 􀁾􀀩􀀨􀀠 , Angela K. Washington AKW/yjr Enclosure c(w/o Enc.): (w/oEnc.) Mr. Steve Chutchian, w/Addison Mr. Ken Dippel, w/finn 901 MAIN STRE;E;T SUITE; 40:00 OALLAS, TEXAS 75202·3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COliIlESTHOMPSON,r;.(}M COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.cOM September 29, 2004 Ms. Gayle Walton Department Secretary Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Town ofAddisOl1 v. Motel 6 Operating, L.P., et al., Cause No. 03-00711-B Parcel 6 (Motel 6), Arapaho Extension of Road Project Dear Gayle: Enclosed for the Town's records is the Owner's Title Policy in the above-referenced property. The requested correction to the policy that I mentioned in my September 28, 2004 letter to you has been made. The policy now reflects that the arbitration provision has been deleted. If you have any questions, please give me a call. Sincerely, AKW/yjr Enclosure c(w/Enc.): Mr. Steve Chutchian (w/o Ene.) Mr. Ken Dippel '901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793/: o ALL A S T Y L E R TEL 214.&72,2000 fAX 214.&72.2020 r WWW.CIJWLESHiOMPSON.COM First American Title Insurance Company 083361 0 OWNER POLICY OF TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY SURJECf TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corpol1ltion, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance Staled in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vesll!d .other than as stated therein; 2. Any defect iii or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, cunnctor's, or materialman's lien for labor Or material having its inception on or before Date of Policy; 4. Lack of • right of access to and from the land; 5. Lack of good and indefeasible title. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS HEREOF, 􀁴􀁨􀁾􀀠FIRST AMERICAN TITLE INSURAN.CE COMPANY has caused this policy to be exeeull!d by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. rust American ntle Insurancx: Company _. ATTEST FORM TI.cA: OWNER POIlCY OFTl11.l! INSURANCE (EPPECTIVE 4/4JIl2) EXCLUSIONS FROM COVERAGE The following matters are expressly eltcluded rrom the coverage of this policy ADd the Company will not pay loss or damage, COSlS, attorneys' fees or expenses which arise by rc&son of; I. (a) Any law, ordin.ancc or governmental regulalion (mduding but not lhnittd to building and zoning laws, ordinances. or regulalions) r.estricting. reguiaJing. prohibiting or relating 10 (ij me occupancy. Iot$C. or eojoyll'leDt of the land; (ii) the character. dir:tV!:nsJoos or Jocation of any improvemem now or bertal'1er erected On Ibc land; (iii) • sepanttiOn in ownership or • change in the dimensions Of area of the land or anyparee' of wbkh the land is or was a part; or Ov) envirorunc:mal pnxoctiOD, or the effect of any violation of IbC$C laws, 􀁯􀁲􀁤􀁩􀁾or govcl'DIllCotaJ rqulatio!11, except to the extent !hal a notice of die enforcement thereof or a notice of a de1«t. lien or encumbrance resulting from a violation or alleged violation affecting !.he land has been RCOTded in the public RCOnb at Date of Policy. (h) Aay governmental police power not excluded by (a) above, except to lIIe extent that a notice of the exercise thucof or a notice of a defect. lien or encumbrance resulting ftom. 11 violation or alleged violation affeaiDg the land has been ncordcd lo the public rt:oo:rds al Date of Policy. 2. 􀁒􀁬􀁪􀁢􀁾􀀠of eminent domain Dale$$: notice of the txe«:;ise thereof bas been recorded in !he public teCOTds at Dale of Policy. bul not ell:cluding fmIn coverage any taking lhlu ha.s: occurred prior to OaL: of Poliey wrueb would be binding 011 lhc rights of' a purchaser for value witbout i:nuwtedge. 3-, Defects, lieu, enwmbraneu. adverSe clam or other Illillters: (a) 􀁣􀁾􀀮suffered. IUStlmed or agreed 10 by tbc insured claimant. (b) not known to the Company, DOt l'CCOfd.ed in the public m:ords .. Dste of Policy. but known to the insured claimant and JKll disclO$¢d in writinS to the Company by the imured clai.mant prior to the dille the insured claimant beca.me: an insured under Chis policy; (c:) rcJUItins in 00 loss or damage to the insured claimant; (d) aU3Cbing or crwcd subsequent to Date of' Policy; (e) I"e$Ulting in toss or damase that would no« have been sustained if the insured c:laimant had paJd value for the esllit or intel't$t insured by thh policy. 4. The rdusaJ of .any ptrson to purchase, lease or lend money on the estate Of inlUeSl rom'UI hereby in the land described in Schedule A because of unmarkellibUity of the tille. 5. Any claim. which arises out of'the. transaction vC$ling in Che persoo named io paragraph ): of Schedule A £he tsl.9te or interest Insured by this policy. by reason of the operation of fi::denl bankruptcy, stalC-in5oivency, or O£her aue or federal credilors' rigbl.$ taws thaI h based on 􀁥􀁾(i) the transaClion acating me ¢Slale or inlCClt Insured by Chis Polley being deemed a fraudulent conveyance or f'r'au4ulent t.l"Ilmfer or a voidable distribution or voidable dividend or {ii} lhe subordination or recharaaerl:t.ation of the eslale or interest insured by this Policy Ii! a result of the application of me doctrine of equilabte subordination or (iii) the tr.tnsaction creating the e.sra.&c or interes;1 insured fly this Policy beinS deem¢(\: • preferential tran.!fu elcept whcfe the pn:ferenlwl trnns!cr rClWlll from the failure of !he Company or its Issuing agent to timely file for rcoord the instrument of transfer to the insured after delivery or the rai1ure of such recordation to impan notic:e to • purchasc:r !or value or a jUdgment· or lien crcdilot. CONDmONS AND STIPULATIONS I. DIlFINmON OF TERMS The following tennlO when used in Chis policy mean: (a) "'insured": !he insured named in Schedl.lleA. and.. subject CO any rights or defeJl$cs lhe Company would have had again.'illhe named insured. lhor;e who 1;LK:c.eed to !he intere« of the named lntiun::d by operation of law 􀁾distingui1;hed from 􀁰􀁵􀁾including, but not Timiled to, beirs. 􀁤􀁾􀁴􀁲􀁩􀁢􀁵􀁴􀁥􀁥􀀮􀁾􀀮􀀠􀁤􀁥􀁶􀁩􀁾􀁾􀀬!'UMvors. personal 􀁲􀁥􀁰􀁲􀁥􀁲􀀮􀁥􀁮􀁊􀁡􀁴􀁩􀁾􀀠nc:u of kin, ot eotpQidle. pannel'llbip or fiduciary SUCCC1;SOI'll, u,nd spetiflcalty, without limitation. the 􀁦􀁯􀁬􀁬􀁯􀁷􀁪􀁮􀁾􀀺􀀠(i) tbe 5Uccesson; in interest to .. corporation, limited liability company or limited liability partnership relOulting from merger or colJSOlidation or 􀁥􀁯􀁾􀁩􀁯􀁮or the dil'lribution of the lL'i1;et$ of the corporation or limited liability company or limited liability pannetlihip upon ,PJU'(w,1 or complete liquidation: (ii) the $;Ucces50ni in interc1i1 to OJ general or limited panner:;hip OT limited liability company or limited liability paru'M!rshlp which diMIO)ves bul does 1\01 terminale; (iii) the $ucceu.on; in 􀁩􀁮􀁾to Ii general or limited partnership m.ulting from tile di:;tribution or the assets ofthe gcnCftl or limited 􀁰􀁡􀁲􀁴􀁮􀁾􀁨􀁩􀁰􀀠\IpOn partial orcomplele 􀁬􀁩􀁱􀁵􀁩􀁤􀁡􀁬􀁩􀁯􀁮􀁾􀀠(Iv) the ,;uCCCSsm'S in inttreSC lO Ii joint ventUre te.gJhing from ttle dimibution of lhe 􀁡􀁾􀁯􀀻of the joim venture upon partial or complete liquidation: tv) the SUCCe$lIor or $ub!i!itutc tnlStee{sl of a [fUMte named in a written 􀁴􀁲􀁲􀁵􀁾􀁣􀀠iR);(nJrnent: or (vi) the succec;SQfS in intcl'eSt 10 a trustee or truM tuutting from the dislribution of all or pan of the a...􀁾􀀱􀀵􀀠of the hlllia lhe 􀁢􀁥􀁮􀁥􀀨􀁪􀁣􀁩􀁡􀁲􀁩􀁥􀀮􀁾􀀠thereof. (bj '*imW"ed claimam": an in.-.;uted claiming 100S or dama.ge. fe) ""knowledge" or 􀀢􀁫􀁮􀁯􀁷􀁮􀁾􀀺􀀠BCtuaJ knowledge. oot collStJ'VClive knowledge Of notice that may be imputed to un iowred by tea\Ol1 ofthe public records ali defined ia thii policy or any other record!; which impm comtructiyC notice of manus affecting the 1aru1. (d) "land": the land described or referred to in Scbedule A. and improvlmettts affixed theR:to that by taw constitule real property. The. term "1&04" does not include any propel1Y beyood the lines of the aRa desl;ribed or refemd to in Schedule A, nor any right. litle, Inlel't$(, eslate: or casement in abuttlDg: 􀁾􀀮roads. avenues. alleys. lanell. ways or waterways. but nothing herein ,hall modify or limil the extent to wbich a right of a.cQC$S to aod from Ihe land is inlured by lhi5 lhi5 policy. (e) "mortgage"; mortgage. deed of trust. tru,t deed. or other secwity W,strumalt. (f) "public records": record$: eaablislled, under 􀁾IttlUtcl at l'>tUe of PoJicy fot the put)XlSe of imparting cOO$tt\1Ctive notice of mluet'$ R:laling co real property co purchasers for vlllue .811 without knowledge. with te$peCt co S«tion S(a)(iv) of the fuclusions From Coverage. "public record5" also sbaI1 iDclude enYlronmental protection liens mod in the 􀁾􀁲􀁤􀀬of the clerk of the United SWC9 district COUft for the district in which the 1&04 is located. (g) 􀀢􀁾􀀢􀀺legal right of access to the land and 001 the pbysical condition of access. The coverage provKk:d as to 􀁡􀁾docs not assure the adequacy of aa:css for the use intended. 2, CON1'lNUATION OF INSURANCE AFTER CONVEYANCE OF mUl. The coverast of this policy shall cominae iu forcc as or Date of Policy in favor of an imumJ only so tong a the iNured retains an estate Of interest in the taad, or holds an indebtedness 5CCUred by a puretwe money mongage 8iven by a 􀁾􀁨􀁡􀁳􀁥􀁲􀀠from the insured. or only so long as the il),surW shall have liability by rta$()Q of covenants of warranty made by !he insured in Imy tr"altIfer or cmveyuco of the e.sta.te or inten:st, This policy shall not continue in roo:e in favor of any puttbaser from the insured of either (i) an C$late or lnterea;t in the land. or (it) an indel:lt.cdncs$ secured by a purclwe money mortgage given to the insured, 3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The i.nsured IhaU notify the Company prompdy in writ.ing (i) in case of any litigation 8.'S .sel forth in Section 4(a) below. or (ii) in casc knowledge ahaD tome to an in$Ured hereunder of any claim of title or interest that ts adverse to the thle 10 the estate or interest. as insured. and that might cause km or damage for which the Company may be liable by vinue of lhis policy. If prompt ootice shaD not be given to the Company. then as to the insured all liability of the Company sball terminate with regard CO Ihc matter or matters for which prompt notice is required: provided, however. that failure 10 notify the Company sball in 00 ease prejudice the rights of any iDSured under this policy unlw the Company shall be prejudiced by the failure and then only to the cx:t.=nt of the prejudice. When. after the date of the poli<:y, the in.mn:d notiflC$ the Company 4! requited herein of a lien. encumbranc::e, adverSe claim or other defect in tidt to Ihe 􀁣􀁾􀁡􀀸􀁴􀁥􀀠Of interest in the land insured by this poticy lhat is nOl cxeluded ot 􀁾from the coverage of tbi' policy. the Company shall promp!.ly investigale the clmge to dctennior: whether the Jien. encumbrance, adverse claim or dell::et is valid and not barred by law or statute. The Company shall notify the insured in writing. within a rea&OnIlble time, of its dctenninadon 4! 10 the validity or invalidity of Ute insured's claim or charge under the policy. Jf the Company concludes that the lieD. encumhra.oc:e. advene claim or defect is not covered by this policy, or wu otherwise addressed io the closing of tbe transactloQ in connect.ioa with wbicb th& poUcy was issued. the Company shall specific.al.ly advise the inall.n::d or the reasons for its determ1nation. If the Company concludes that the lieo. cocumbtance. adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the ncecssary proceedings 10 clear the lieo. encumbrance. advene claim or defect !rom fhe title In the CSllle U inluro!; (u) indemnify me ilU1lled as provided in this poliq; (ill) upun paynx:nt of appropriate ptemium ami charJ;C$ then::!Or. issue to me insu.n:d claimant or to a subsequent owner. 􀁾or holder of me 􀁾(It inlerw in the mnd i.nsure4 by this policy. a policy or tide iDsurance WlmOOC exceptioo for me lien. encumbrance, advene claim or defect. said policy to be in an amount equal to Ute current value of the propeny or. if a mortgagee policy. the amount of the loan; flY) indemnify al')O(her title m5l.lrance compeny in connection with its issuaocc of a pOJicy(ies) of title lMWUCC without I!):CCption for the lien, tncumbrance, adverse claim or defect; (v) secure a release or O£her document discb.atJing the lien, cncumbf;ux::e, adverse claim or 􀁤􀁥􀁦􀁥􀁣􀁴􀁾􀀠or (vi) undertakt iI combination of (i) through (v) herrin. 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAiMANT TO COOPERATE. (a) Upon written MqUCS{ by me insured and subject 10 the optious COOfained in Section 6: of tbcse Conditioll5 and Stipulations. the Company. at its own cost and wilhoul t.Ulrasonablc delay. shall provide for the defense or an imured in litisalion in which any thitd pany assetU a cmim adverse to the title or iniCrest as insured. but only 4! to those stated CIU$C$ of action alIe,mg /I defect. lien or encwnbl'llDCe or O£her matter insured againsl by this policy. The. Company shall have the ript to sdect (:oonsel of its cboice (subjecl to the right of the iD5Ured to object for rta$()l)3ble cause) to reprcaent the insured as to those stated caUlU of actiQn and ahall ,QOt be liable for lind win not pay the fea of any other coonset The Company will noc pay any fees. costs or expenses incwml by the insun:d in the det'cme or those causes of action that allege mattcts not insured qainst by this policy_ (b) The C!lmpany shall have the right, al iu own cost, lO instiwte and prosecute any action or proceeding or lO do any other act that in iu opinion may be necessary or desirable, to 􀁣􀁳􀁴􀁡􀁢􀁬􀁩􀁳􀁾􀀠the til1e lO the estate or interest, as insured, or lO preyent or reduce 10$$ or damage to the insured. The Company may mke any appropriate action uDder the teons of this policy. whether or not it shall be liable hereunder. and shall not thereby coneede liability or waive any provision of this policy. If the Company shall exercise iu righu under this paragraph. it shall do so diligenl1y. (c) Whenever the Company shall have brought an action or interposed a defense as required or pennined by the provisions of this policy. the Company may pursue any litigation to final m:termination by a court or competent jurisdiction and expressly reserves the right. in iu sole discretion, to appeal rrom any adverse judgmenc or order. (d) In all cases where this policy permiu or requires the Company lO prosecute or provide ror the defense or any action or proceeding. the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appcals therein. and permit the Company lO use, at iu option. the name or the insured ror this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall gi'/e the Company all reasonable aid (i) in any action or proceeding, securing eyideDO!:, oblaining witnesses, prosecuting or derending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion or the Company may be necessary or desirable to establish the til1e to the eSlate or interest as insured. If the Company is prejudiced by the railure or the insured to furnish the required cooperation, the Company's obligations 10 thc insured under the policy shall tenninate. including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition lO and after the notices required under Section 3 or these Conditions and Stipulations have been provided the Company, a proor or loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the racu giving rise to the loss or damage. The proor or loss or damage shall describe the derect in, or lien or encumbrance on the til1e. or other matter insured against by this policy that constiwtes the basis or loss or damage and shall state, to the extent possible, the basis or calculating the amount or the loss or damage. If the Company is prejudiced by the railure or the insured claimant to provide the required proor or 10$$ or damage, the Company's obligalions to the insured under the policy shall tenninate, including any liability or obligation lO defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proor or loss or damage. In addition. the insured claimant mi.y reasonably be required to submit to examination under oath by any authorized represenlaliYe or the Company and shall produce ror examination, inspection and copying, al such reasonable times and places as may be designated by any authorized represenlative or the Company, all records. books, ledgers, checks, cOITCSpondence and memoranda, whether bearing a date berore or after Date or Policy, which reasonably penain 10 the loss or damage. Further, ir requested by any authorized represenlative or the Company, the insured claimant shall grant iu permission, in writing, ror any authorized represcnlative or the Company 10 examine, inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custooy or control or a third pany, which reasonably pertain to the 10$$ or damage. All inrormation designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment or the Company, it is necessary in the administnttion or the claim, Failure or the insured claimant to submit ror examination under oath, produce other 􀁾􀁮􀁡􀁢􀁬􀁹􀀠requested inrormatidn or grant permission to secure reasonably necessary information rrom third panies as required in this paragraph shall terminalC any liability or the Company under this policy as to that claim, 6. OPTIONS TO PAY OR OTIlERWISE SETILE CLAIMS: TERMINATION OF LlABILITY. In case or a claim under this policy, the Company shall have the rollowing additional options: (a) To Payor Tender Payment or the Amount or Insurance. To payor tender payment or the amount or insurance under this policy, together with any cosu, attorneys' rees and expenses incurred by the insured claimant, which were authorized.by the Company, up to the time or"payment or tender or payment and which the Company is obligated to pay. Upon the 􀁥􀁾􀁥􀁲􀁣􀁩􀁳􀁥􀀠by the Company or this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminalC, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company ror cancellation. (b) To Payor Otherwise Settle With Parties Other than the l'Yured or With the Insured Claimant. (i) 10 payor otherwise settle with other panies ror or in the name or an insured claimant any claim insured againsl under this policy, together with any cosu, attorneys' fees and e;ll;penses incurred by the insured claimant, which were authorized • by the Company up to the time or payment and which the Company is obligated to pay; or (ii) lO payor otherwise settle with the insured claimant the loss or damage provided fur under this policy, lOgether with any costs, attorneys' fees and expenscs incurred by the ·insured claimant, which were authorized by the Company up to the time or payment and which the 'Company is obligated 10 pay. Upon the exercise by the Company or either or the options provided ror in paragraphs (b)(i) or (u), the Company's obligations to the insured under this policy ror the claimed loss or damage, other than the pay menU required to be made, shall terminate, including any liability or obligation lO defend, prosecute or continue any litigation. 7. DElCRMINATlON, EXlCNT OF UABILITY AND COINSURANCE. This policy is a contract or indemnity against actual monelary loss or damage suslaincd or incurred by the insured claimant who has suffered 10$$ or damage by reason or matters insured against by this policy and only to the extent herein described. (a) The liability or the Company WIder this policy shall not eJlcecd the least or: (i) the Amount or Insurance stated in Schedu1e A; or (ii) . the difference between the yalue or the insured eslate or interest as insured and the value or the insured eslate or intelUt subject to the derccr., lien or encumbrance insured against by this policy at the dale the insured claimant is required to furnish lO Company a proor or 10$$ or damage in accordance with Section S or these Conditions and Stipulations. (b) In the event the Amount or Insurance Slated in Schedule A at the Date of Policy is kss than 80 percent or the value or the insured estale or inlcl'CSl or the fUll consideration paid ror the land, whichever is le$$. or if subsequent to the Date or Policy an improvement is erected on the land which increases the wiuc or the insured estate or intelUl by at least 20 percent oyer the Amount or Insurance Slated in Schedule A, then this Policy is subject lO the rollowing: (i) where no subsequent improvement has been made, as to any partial 10$$, the Company shall only pay the loss pro rBta in the proportion that the amount of insurance at Date or Policy bears to the tolal Yalue or the insured estate or interest at Date or Policy; or (ii) where a subsequent improvement has been made, as to any partial 10$$, the Company shall only pay the loss pro rala in the proportion that 120 percent or the Amount or InsurBnce Slated in Schedule A bears to the sum or the Amount or Insurance stated in in Schedu1e A and the amount expended ror the improvement. The provisions or this paragraph shall not apply to cosu, attorneys' fees and e;ll;penses ror which the Company is liable under this policy. and shall only apply'to that ponion or any loss which exceeds, in the aggregate, 10 percent or the Amount oE ·InsurBnce ruted in Schedu1e A. (c) The Company will pay only those cosu, attorneys' rees and e;ll;penscs incurred in accordance with Section 4 or these Conditions and Stipulations. g. APPORTIONMENT. If the land described in Schedule A consistS or twO or more parcels that are not 􀁵􀁾as a single site, and a loss is established affecting one or more or the parcels but not all, the 10$$ shall be computed and settled on a pro rata basis as ir the amount or i.nsurBocc under this policy was divided pro rala as to the value on Date or Pol}cy or each separate parcel to the whole, exclusive or any improyemenu made subsequent to Date or Policy, unless a liability or yalue has otherwise been agreed upon as to each each parcel by the Company and the insured lit the time of the issuance or this policy and shown by an express Slatement or by an endorsement anached to this policy. 􀁾􀀮􀀠 LIMITATION OF LIABILITY. (a) If the Company eSlablishes the tille, or removes the alleged derect, lien or encumbrance, or cures the lack or a right or access to or rcom the land, all as insured, or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner'byany methoo, including litigation and the completion or any appeals thererrom, it shall haye fully perrormed iu obligations with respect to thai matter and shall not be liable ror any loss or damage caused thereby. (b) In the eyent or any litigation, including litigation by the Company or with the Company's consent; the Company shall have no,liability ror loss or damage until there has been a final delCrmination by a court or competent jurisdiction, and disposition or all appeals thererrom, adverse to the title as insured. ecl The Company shall not be liable ror loss or damage to any insured rOf' liability volunlarily assumed by the insured ill settling any claim or suit without the prior written consent of the 􀁃􀁯􀁭􀁰􀁾􀁮􀁹􀀮􀀠10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LlABIUTY. All payments under this policy, e;ll;ccpt paymenU made ror casu, attorneys' rees and expenses, shall reduce the amount or the insurance pro lanto. II. UABJI..ftY NONCUMULATIVE. If is expressly undcl"$tOOd that the amoon! of insul"llntc under thi$ polity shall be reduced by any arnoom the CompaQY rn.ay pay under any policy jnsuring a mortgage to which exception is taken in Schedule B or to which tbi: 􀁩􀁮􀁳􀁵􀁾􀀠has agreed. assumed, or caken subject. or which is hereafter 􀁥􀁾by ,an insured and which iJ a charge or lien on the e5Ulte or interest described Of referred to in Schedule A. and !.be amount 10 paid shall be deemed a payment uooer this policy 10 the Insurt'd OWfIer. 12. PAYMENT OF LOSS. (a> No payment shall be made without producing this policy ror endor.JCment of the payment unless the policy has been 10$1 or destroyed. in which taR proof 0( loss or destruclion shall be furnished 10 lhe satisfaclion or the Company. (b) Wben liability and lhe extent of 10$$ or damage has been dtflnildy filttd in accordance with these: Conditions and Stipulations, Ihe \0$$ or damage shall be payable wilhin 30 days thelUfier. 13. SUBROGATION UP0 .(,) -o a. "" CD o== controversy or claim between the: Company and the Insured arising OUi of or rdating to this policy, any service-of the Company in connection with its inuance-or the breach of .. policy ptOvisioo or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or tess SHAU, BE arbilrnted at tIu:: request of either the Company or the wSUtCd. unless the Insured is an individual person (as distin,guimed from 3 corporation, trust. partnership, association or other legal entity). AU arbitrable matters wilen the Amount o(wurance is in excess of$l,ooo,Ooo sh3.l1 be arbitrated only when agreed to by both the Company and the Insured. Arbitration put$Uanl to this: policy and under th<: Rules in effect ou the dace the demand for arbitration is JIlade or, at theopOou oflhe wW'ed, the Rules in effect at nate: o(Policy shall be binding upon the pamCii, The award may incllUle attorn:eys' fees ouly if!be laws of We state in which the land is located pennit a court to award attorneys' fees to a prevaiUng party. Judgment upoo the award rendered by the Mittatot{s) may be entered. in any court having jwisdiclion thereof. The Law of the situs ofthe land shan .apply to any arbltration undcrlhe TIde Insurance-Arbitration Rules, Acopy of the Rule$ may be obtained from the Company upon request. 15. llABJUTY UMrrED TO THIS POlley: POllCY ENTIRE CON1'R.Acr. (II; This policy together with alt endOr5C1J1CnlS. if any, 􀁾herelO by the COtnpafl)' is the. entire policy and contract betwctn the in$\tred Md the Company, In in!erprcting any provision of this policy. this policy shall be constnJed as a whole. (b) Any claim of loss or damage. whether or no! based on nca1igencc, and whkh arises out of the. statuS of me litle 10. the estate or interest covered heteb)' or by any ae1ion asseMing sw::h claim, shall be restricted 10 thn polity. (I:) No amendment of Of endOr$Cmenr to this polley am be made except by a writing endorsed herBm or attached hcrcfO signed by either the PRsidenl. a Vice PreYdenr. the Setretary. an Assistlnt Secretary. or val;dating offu:et or aulhoriud lignatory of tlte Company. )6. SEVERABILITY. In lhe event any provision of lhe 􀁰􀁯􀁬􀁩􀁾􀀠is held invalid or uncnfortt.3b!e war applicable law, the polic)' shall be deemed flO!: to include lha!: provision, and all other provisions shall remain in full (oree aoo effect. 11. NOT1CES. WHERE SENT. AU notka required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed [0 the Company al: Fitsl American Title Insurance Company, 1500 S. DJiry Ashford, Suile 300. How;ton, TX 11({}1. COMPLAINT NOTICE. Should any dispute arise about YOIll premium or about a claim that you have: ftled, contact the agent or write to the Company that iS5lled the policy. lftbe problem is not resolved.),ou also may wrilethe 􀁔􀁣􀁸􀁵􀁾􀁴􀁯􀁦􀁬􀀮􀁮􀁳􀁷􀁡􀁮􀁥􀁥􀀬􀁐􀀮􀁏􀀮􀀠Box 149104•. Austin, TX78714-9'104, Fax No. (5Jl) 􀀳􀀰􀀵􀁾􀀱􀀴􀀲􀀶􀀮􀀠This notice ofcomplaint procedlm is for infoflll AGln linK THE p;U. GF NO. OR FILE NO. DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER 02R14035 SJ7 07/29/2004 at 03:18 PM $ 10,000.00 083361 0 PRlllTE& "UNUIt Ol! HIE COYEI< SHEET. Schedule A 1. Name of Insured: TOWN OF ADDISON 2. The estate or interest in the land that Is covered by this policy is: FEE SIMPLE ,'3, Title to the estate or interest in the land is insured as vested in: TOWN OF ADDISON 4. The land referred to In this policy is described as follows: Being a 0.6430 acre tract of land out of RODEWAY INN, an Addition to the Town of Addison, according to the Map thereof recorded in Volume 81052, Page 775, Map Records, Dallas County, Texas and being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes. FIRST AMERICAN TITLE INSURANCE COMPANY REPUBLIC TITLE OF TEXAS, INC. Countersigned at DALLAS, TEXAS REPUBLIC TITLE OF TEXAS INC. Patricia A. sherman Bruce, Senior V.P. Authcrtzitd Countem!gnelure THIS POLICY IS INVALID Tuu hr,. '·Hlin. 1/1/93) UNLESS THE COVER SHEET AND SCHEDULE B ARE AITACHED. Parcel 6 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a,O.6430 acre (28,OOB 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 4.9B14 acre tract of land as conveyed to Motel 6 Operating L.P. on February I, 1990 and recorded in Volume 90024, Page 0779 of the Deed Records of Dallas County, Texas, said called 4.9814 tract being all of the Rodeway Inn, an-addition to the Town of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume B1052, Page 0775 of said Deed Records, said 0.6430 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Areq Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northwest corners of said called 4.9814 acre tract and said Rodeway Inn and Northeast corner of a called 3.334 acre tract'of land as conveyed to Addison, R.E. on September 15, 1995 and recorded in Volume 95181, Page 03931 of said Deed Records, said called 3.334 acre tract being all of the Iceoplex Addition, an addition to the Town of Addison, as evidenced by the plat dated on September 20, 1995 and recorded in Volume 95210, Page 03012 of said Deed Records; THENCE, SOUTH 89"58' 49" EASTI along the common proposed North right of way line of Arapaho Road, North line of said called 4.9814 acre-tract and South right of way line of said DART -railroad, -a distance of 268.11 feet (said line being called South 88°51' 59" East -76.23 feet and South 89°11' 14" East 216.99 feet) to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; TRUE AND CORREer copy OF ORIGINAL EXHIBIT A PILED 􀁉􀁩􀁾􀀠D.'.LLAS COlft-,'TY C;'1'.';,,,'s.oIlf!re--Page 1 of 3 179 0/47􀀲􀀰􀀰􀁾􀀠I 4 5 I 3 0 2 5 PARCEL 6 -ARAPAHO ROAD PROJECT THENCE, EASTERLY, continuing along said common line and along the arc of said curve to the left having a radius of 2,914.79 feet, a cent-ral angle of 2°03' 16", a chord bearing .North 88 °59' 33" East for .104.51 feet, for an arc distance of 104.52 feet (said curve being called North 84°35'23" East 79.73 feet) to a 5/8 inch iron rod set for the common Northeast corner of said called 4.9814 acre tract 􀁾􀁮􀁤􀀠Northwest corner 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 said Deed Records, said called 4.1525 acre tract being a Town of 88066, Page portion of Addison Restaurant Addison, dated March 9, 1988 4219 of said Deed Records; Park, and ra eaddition corded in to the Volume THENCE, SOUTH 00°24'10" EAST (called South 00 0 27'09" East), departing said common line and along the common East line of said called 4.9814 acre tract and West line of said called 4_1525 acre tract, a distance of 80.83 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; THENCE, NORTH 89°58' 49" WEST, departing said common line and along the proposed South right of way 9 f Arapaho Road, a dijtance of 296.05 feet to a 5/8 inch iron rod set in the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract; THENCE, NORTH 00°31'18" WEST (called North 00°28'23" West), departing said line and along the said cornman West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 19.13 feet to a 1/2 inch iron rod found for a common interior ell corner of said called 4.9814 acre tract and the .most Easterly Northeast corner of said called 3.334 acre tract; THENCE, SOUTH 89°55'39" WEST (called 􀁾􀁯􀁲􀁴􀁨􀀠88 0 51'59" West), along a 􀁓􀁯􀁾􀁴􀁨􀀠line of said called 4.9814 acre tract and a North line of said called 3.334 acre tract, a distance of 75.91 feet (called 75.60 feet) to a 1/2 inch iron rod found for the common most Westerly Southwest corner of said called 4.9814 acre tract and an interior ell corner of said called 3.334 acre tract; THENCE, NORTH 00"59'43" WEST (called North 01°04'54" West), along the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 59.96 feet (called 60.10 feet) to the POINT OF BEGINNING; 13026 FIRST AMERICAN TITLE INSURANCE COMPANY 083361 0 Exhibit A GF-Number 02R14035 NOTE: Tbe 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 111£ POLICY 'UJIIIU $IIW. TITLE INSURANCE GF NO, OF! ALE NO, 02R14035 SJ7 DATE OF POLICY 07/29/2004 (III TlUS SCllfOUli Mlln ACREE VIiI! 111£ 'l1:1iPUUill lillilBU 011 Tltl COVEl SKEEl > POLICY NUMBER 083361 0 Schedule B 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 01 the terms and conditions olthe leases or easements insured, if any, shown in Schedule A and the following matters: 1. [Intentionally Omitted] J. Homestead or community property or survivorship rights, if 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 camlllising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line olthe harbor or bulkhead lines as established or changed by any govemment, or C. to filled·ln lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area 5. Standby fees, taxes and assessments by any taxing authority for the year 2004, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in fand usage or ownership, but not those taxes or assessments for prior years because of an exemption granted 10 a previous owner 01 the property under Section 11.1J, Texa. Tax Code, or because of improvements not assessed lor a previous tax year. 6. The following matters and alilerms of the documents creating or offering evidence of the matters lY'Ie must insert matters or delete this exception.): a. Easement granted by S. S. Noell to Texas Power & Light Company, filed 06/02/1926, recorded in Volume 1314, Page 348, Deed Records of Dallas County, Texas. b. Easement granted by C. R. Berry to the City of Dallas, recorded in Volume 5180, Page 381, Deed Records of Dallas County, Texas. And as shown on plat recorded in Volume 81052, Page 775, Map Records, Dallas County, Texas, c, Easement to William L. Anderson and David D. White, recorded in Volume 77199, Page 24, Deed Records of Dallas County, Texas. And as shown on plat recorded in Volume 81052, Page 775, Map Records, Dallas County, Texas. d. 24' fire lane, access and utility easement as shown on the plat recorded in Volume 81052, Page 775, Map Records of Dallas County, Texas. e. Easement granted by Earl B, Kratz to the City of Dallas, filed 09/02/1959, recorded in Volume 5180, Page 384, Deed Records of Dallas County, Texas. And as shown on plat recorded in Volume 81052, Page 775, Map Records, Dallas COuntyI Texas. (CONTINUED ON NEXT PAGE) Page 1 of Schad. B GF Number: 02R14035 FIRST AMERICAN TITLE INSURANCE COMPANY 083361 0 SCHEDULE B Page 2 f. Terms and provisions of a lease dated 01/11/1980, by and between Addison Rodeway Investors, Ltd., as Lessor and JoJos Restaurant as evidenced by a Memorandum thereof filed 11/24/1960, recorded in Volume 60231, Page 3137, Deed Records, Dallas County, Texas. g. Section 14 of the Conditions and Stipulations of this policy is hereby deleted. COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA 1<. WASHINGtON 214.672.2144 AWASHINGTON@'COWLESTHOMPSON.COM September 28, 2004 Ms. Gayle Walton Department Secretary Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 HE: Town ofAddison v. Motel 6 Operating, L.P., et at, Canse No. 03-00711-B Parcel 6 (Motel 6), Arapaho Extension ofRoad Project Dear Gayle: Enclosed for the Town's records is a copy of the recorded Release of Lien and the recorded Agreed Judgment in the above-referenced property. I have requested a correction to the Owner's Title Policy. Once I receive the corrected policy, I will forward it to you for the Town's records. Ifyou have any questions, please give me a call. AKW/yjr Enclosures c(w/Enciosures): Mr. Steve Chutchian (w/o Enclosures) Mr. Ken Dippel 901 MAIN STR;££T SUIrE. 4000 DALLAS, TEXAS 15202-3193 o ALL A S T Y l E R TEL 214,672,2000 FAX 214.672,2020 Document!!; 1127103 WWW.COWlE5THOMPSON.COM · -' ,I -----.-------.._-./1 2966671 STATE OF TEXAS I7ltHll \1;.00 Il 􀁵􀀮􀁬􀁾􀀠1M P. 03JUL-IH004 TUE 12:34 PM FAli NO. SIGNATURE ADDENDUM TO PURCHASER'S CLOSING STATEMENT GF NO.-'!W4035 SJ7 SELLER: HOTEL 6 OPERATING L.P. PURCHASEl\: TOW OF ADDISON PROlERTY: Being a 0,6430 acre tract of land out of aODEWAY INN) an Addition to the 'TOlin of Addison, according to th(i Map thereof recorded in Volume 810521 Page 775, Hap Records. Dallas CountyI Texas TOW OF ADDISON, T£XAS BY: Ron Whiiehead, City Manager ! .j COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.6722144 AWASH1NGTON@COWLESTttOMPSON.COM July 9, 2004 Mr. David C. Kent Mr. Ned Webster Sedgwick Detert Moran & Arnold, L.L.P. Hill Gilstrap 1717 Main Street, Suite 5400 1400 West Abrams Street Dallas, TX 75201 Arlington, TX 76013 My. Mark D. Smith Mr. Edward Lopez Ramirez & Associates, P.C. Linebarger, Goggin, Blair & Sampson 2777 Stemmons Freeway, Suite 933 2323 Bryant Street, Suite 1600 Dallas, TX 75207-2227 Dallas, TX 75201 Ms. Cynthia Calhoun County Clerk ofDallas County Records Building 509 Main Street, 2nd Floor Dallas, TX 75202 RE: Cause No. 03-007U-B Town ofAddison v. Motel 6 Operating, L.P., et al. Gentlemen and Ms. Calhoun: Please find enclosed a confonned copy of the Agreed Judgment in the above-referenced cause. Ifyou have any questions, please contact me. Sincerely, AKW/yjr Enclosure c(w/o Enc.): Ms. Mary Pesina, Court Clerk 901 MAIN STREET SUITE 4000 DAlLASj TEXAS 75202-3793 D ALL A S T Y L E R TEl. 214.672.2000 FAX 214.672.2020 WWW,COWLESTHOMPSON' COM July 9, 2004 Page 2 bcc(w/o Ene.): Mr. Mike Murphy (w/o Ene.) Mr. Steve Chutehian, w/Addison (w/o Ene.) Mr. Doug Conner (w/o Ene.) Mr. Ken Dippel, w/finn COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASffiNGTON' 214.672.2144 AWASHlNGTON@COWLESTHOMPSOfII.COM July 9, 2004 Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Town ofAddison v. Motel 6 OperatingL.P., et at. Your File No. 02Rl403S/SJ7 Dear Patricia: Enclosed for filing in the Deed Records is a conformed copy of the Agreed Judgment in the above-referenced cause, which vests ownership of the property in the Town of Addison. Please prepare the finalized statements and schedule a closing date. Also, please let me know when you have obtained the necessary affidavits, waivers, and any other documents necessary to ensure clear title to the propertY. With respect to the Agreed Judgment, please note in particular Paragraph N, which provides specific instructions regarding payment. Ifyou have any questions, please give me a call. AKW/yjr Enclosure c{w/o Ene.): Mr. David Kent Mr. Mike Murphy Mr. Steve Chutchian, w/Addison Mr. Doug Conner Mr. Ken Dippel, w/firm 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 1520Z-:H93 DALLAS T Y L E R TEL 214.612.2000 FAX 214.b72.2020 WWW.COWI.ESTHOMPSON.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612.2144 AWASHINGTON@COWLESTHOMPSON.COM June 30, 2004 VIA FACSIMILE (214) 855-8848 Ms. Patricia A. Sherman Bruce, Esq. Vice President Republic Title of Texas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE: Your File No. 02R14035/SJ7 Town ofAddison v. Motel 6 Operating, LP., et aI. Dear Patricia: As stated in my e-mail sent earlier today, attached is a copy of the Agreed Judgment signed by the parties. I have contacted the attomey for the leasehold interest and he will be forwarding the execution page with his signature to me shortly. Once the Judgment has been signed by the Court, I will send the original to you for filing in the Deed Records. Ifyou have any questions or need anything further, please give me a call. Sincerely, .. )1 J V\0?fL1 -' (, V tf 􀀭􀀭􀀻􀀱􀁾􀀠---------Angela K. Washington AKW/yjr Attachment c(w/o Attachment): Mr. Steve Chutchian, wI Addison Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793 D ALL A S T Y L E R TEL 214.612.2000 FAX 214.672.2020 Doeumen! if.: 1'14046 WWW.COWLESTHOMPSON.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLE5THOMP50N,COM June 30, 2004 VIA FACSIMILE (469) 227-8004 /Mr. Dav' kent Sedg"{ k Detert Moran & Arnold, L.L.P. 171 run Street, Suite 5400 D las, TX 75201 RE: Town ofAddison v. Motel 6 Operating, L.P., et aI. Cause No. 03-00711-B Dear David: To ensure that you receive the documents today, attached is the June 11,2004 letter from Patricia Bruce, along with the updated Title Commitment. As you are aware, I have asked Patricia Bruce to forward to you any other documents that the title company will need from Motel 6 to clear title. I look forward to completion of this transaction. Sincerely, AKW/yjr Attachment c(w/o Attachment): 􀁾􀁴􀁥􀁶􀁥Chutchian, w/Addison Mr. Kenneth C. Dippel, w/firm 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 7S202·3793 TEL. 214.a7l.l000 FAX 214.672.2020o ALL A S T Y L E R COWLES &THOMPSON A Professional Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM July 6, 2004 VIA FACSIMILE (214) 855-8848 AND REGULAR U.S. MAIL Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, lOth Floor Dallas, TX 75204-4064 RE: Town ofAddison v. Motel 6 Operating L.P., et al. Your File No. 02R1403S/SJ7 Dear Patricia: I have. received and reviewed the draft Purchaser's Statement for Parcel 6 (Motel 6), Arapaho Extension ofRoad Project, which is the subject matter ofthe above-referenced cause ofaction. The Agreed Judgment, a copy of which was forwarded to you by letter dated June 30, 2004, has been signed by the parties and filed with the Court. Pursuant to that agreement, the total purchase price for the property is $475,000.00. Thus, please issue the title policy for that amount and amend the Purchaser's Statement accordingly. In connection with the policy, I have executed and am enclosing your Deletion of Arbitration Provision fonn. Ifyou have any questions or need anything further, please give me a call. Sincerely, 􀁁􀀢􀀬􀀢􀁭􀁋􀁷􀀮􀁊􀁾􀀢􀁮􀀯􀁾􀀠AKW/yjr Enclosure c(wlEnc.): Mr. Mike Murphy, w/Addison (wlEnc.) Mr. Steve Chutchian, wi Addison (w/o Enc.) Mr. Kenneth C. Dippel, w/frrm 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 o ALL A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 Document til: 1114710 WWW.COWlESTHOMPSON.COM G.F.NO. 02R14035 SJ7 POLICY NO. "'00""2'--____ DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. 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 if the amount of insurance is $1,000,000 or less. Ifyou want to retain your right to sue the Company in case of a dlspute over 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 Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schednle B of this policy, either the Company Or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Ruies of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHAU, BE arbitrated at the reqnest of either the Company or the Insured, unless the Insured is an individual person (as distinguished from a corpomtion, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 sha1l be arhitrated only when agreed to by both both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at the Date of Policy shall be binding upon the parties. The award may inclnde attorneys' fees only if the laws of the state in which the land is loeated permit a court to award attorneys' fees to a prevailing party. Judgment upon the award reodered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The Law of the situs of the land shall apply to any arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. 􀁾􀁴􀁴􀀩􀁯􀁯􀁹 D I COWLES &THOMPSON A Professional CorporaUoll ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.67Z,2.144 AWASHINGTON@COWLESTHOMPSON.COM July 6, 2004 VIA FACSIMILE (214) 855-8848 AND REGULAR U.S. MAIL Ms. Patricia A. Shennan Bruce, Esq. Vice President Republic Title ofTexas, Inc. 2626 Howell Street, 10th Floor Dallas, TX 75204-4064 RE; Parcel 7 -Arapaho Extension of Road Project Your File No. GF 04RI0027/SJ7 Dear Patricia: I have reviewed the draft Purchaser's Statement for the above-referenced property, which was forwarded to my office on July 1,2004. Please note that the purchase price should be $1,717.54. Otherwise, the statement looks fme. Please finalize the statement and let me know when you have received the necessary affidavits and other documents to ensure clear title to the property. Thank you for your assistance in this matter. I look forward to closing this transaction. Sincerely, 􀁾􀁊􀁾􀁔􀀨􀁐􀀧􀀭􀀭􀀭􀀭􀀭􀀢􀀧AKW/yjr c: Mr. Mike Murphy, wlAddison Mr. Steve Chutchian, wi Addison Mr. Kenneth C. Dippel, w/fmn 901 MAIN STREET SUITE. 4000 DALLAS, TE.XAS 75202·3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214,672.2020 WWW.COWlI£STHOMPSON.COM 􀁾􀀣􀀺􀁬􀁴􀁉􀀴􀀱􀀸􀁊􀀠 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS AJIIGELA K. WASHINGTON 214.672.2144 AWASHINGTON4RCOWLESTHOMPSON,COM July 2, 2004 VIA HAND DELIVERY Ms. Mary Pesina Court Clerk County Court At Law No.2 Dallas County Records Building 509 Main St., Suite 311 Dallas, Texas 75202-5755 RE: Cause No. 03-00711-B Town ofAddison v. Motel 6 Operating, LP., et aL Dear Ms. Pesina: Enclosed please fmd an original and seven (7) copies of the Agreed Judgment for filing in the above-referenced matter. After the Judge has executed said document, please file the original among the papers in this cause and return the file-stamped copies to me in the enclosed self-addressed, stamped envelope. By copy of this letter, all counsel of record have been forwarded a copy of said document as indicated below. I will also provide all counsel with a conformed copy upon receipt. Thank you for your attention to this matter. If you have any questions, please contact me. AKW/yjr Enclosures c( wlEnclosures); Mr. David C. Kent Via Regular U.S. Mail (wlEnclosures) Mr. Ned Webster Via Regular U.S. Mail (wlEnclosures) Mr. Mark D. Smith Via Regular U.S. Mail (wlEnclosures) Mr. Edward Lopez Via Regular U.S. Mail (wlEnclosures) Ms. Cynthia Calhoun, Co. Clerk Via Regular U.S. Mail 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202·3793 DALLAS T Y L E R TEL 214.672.2000 FAX 214,672.2020 WWW.COWlES1IiOMPSON.r:OM Documcnll#: 1114050 July 2, 2004 Page 2 bcc(wlEnclosures ): Mr. Steve Chutchian, w/Addison (wlEnclosures) Mr. Doug Conner (w/o Enclosures) Mr. Ken Dippel, w/firm Ooi:u.mt:nllf: 1114050 CAUSE NO. 03-00711-B TOWN OF ADDISON, § IN THE COUNTY COURT Plaintiff § § v. § AT LAW NO.2 OF § MOTEL 6 OPERATING, L.P., et al. § Defendants § DALLAS COUNTY, TEXAS AGREED JlJDGMENT ON THIS DAY in the above entitled and numbered cause came the TOWN OF ADDISON, referred to in this Judgment as Plaintiff, by and through its attorneys of record, and came Defendant Landowner; referred to as Defendants, by and through their respective attorneys ofrecord, and the parties having presented evidence as well as an agreement for compromise and settlement to the Court, and the Court having considered the same, together with the pleadings on file in this cause, made the following determinations and findings: That Plaintiff filed with this Court on January 21, 2003, a Petition in Condenmation wherein it prayed for the acquisition, through proceedings in eminent domain for a fee simple parcel of land, described in Exhibit A to the Petition and consisting of 0.6430 acres or 28,008 square feet (the "Property") for the construction, relocation, and extension of Arapaho Road, a public street in Addison, Texas; That this Court appointed three disinterested freeholders who reside in Dallas County, Texas, as Special Commissioners, who subsequently met, took their oaths ofoffice, set a date for the hearing before the Commissioners and caused notice of that hearing to be served as prescribed by law; That after an agreed resetting of the Commissioners' hearing from March 14, 2003 to April 23, 2003, the Commissioners rendered their decision in writing, awarding the sum of AGREED JUDGMENT -Page I FOUR HUNDRED THlRTY-ONE THOUSAND, TWO HUNDRED THlRTY-FOUR DOLLARS AND NO/IOO ($431,234.00) to Defendants; That Objection to Special Commissioners' Findings was duly and timely filed by Defendants, Motel 6 Operating L.P., Motel 6 G.P., me. (now known as Accor North America, N.A.) and Georges Le Meoer, individually and as officer of Motel 6, G.P., me., by and through their attorney of record, David C. Kent. That pursuant to the Award of the Special Commissioners, the sum ofFOUR HUNDRED THlRTY-ONE THOUSAND, TWO HUNDRED THIRTY-FOUR DOLLARS AND NOIlOO ($431,234.00) was deposited into the registry of the Court by Plaintiff for the use and benefit of Defendants and that the right of possession passed from Defendants to Plaintiff on May 29, 2003, pursuant to Section 21.021(a)(I), Texas Property Code; That all prerequisites have been completed and all preliminary steps have been taken to confer jurisdiction on this Court, whether or not listed specifically in this Judgment, and that this cause is regularly in this Court for trial and disposition. That Plaintiff has the right to condemn and acquire the property sought in this proceeding and described in the Petition in Condemnation on file in this cause, such attached to this Judgment as Exhibit "An and incorporated by reference. That the only matters at issue between Plaintiff and Defendants in this cause is the market value of the property condemned and acquired, and damages, if any, to the Defendants' remaining property. That the parties have agreed that this cause should be compromised and settled for the total amount of FOUR HUNDRED SEVENTY-FNE THOUSAND DOLLARS AND NOIIOO ($475,000.00), an amount representing full and complete payment for the value of the land and improvemeots acquired and for any and all damages that may be due to Defendants as a result of AGREED JUDGMENT -rage 1 Plaintiff's acquisition of the Property. That the sum of $431,234.00 was previously deposited with the Court and available for disbursement to the Defendants by this Court. That the additional sum ofFORTY-THREE THOUSAND, SEVEN HUNDRED SIXTYSIX DOLLARS AND NO/lOO ($43,766.00) is the entire remaining balance due to Defendant landowners, under this Judgment, an amount determined by the parties to be fair and just compensation; that Defendants Jojos Restaurants, Inc. and David Childs, as Tax-Assessor Collector for Dallas County and Dallas Independent School District, shall take nothing from these additional monies. That as additional consideration for the approval and acceptance of this Agreed Judgment, the parties agree to the following terms: The Condemnor TOWN OF ADDISON shall replace existing landscaping and irrigation removed from the remainder with substitute landscaping and irrigation pursuant to the landscape plan for the roadway extension project for which the Property is acquired. Additionally, the Town of Addison acknowledges that the construction of the roadway and installation of the landscaping will have no effect on the existing Planned Development District Zoning classification of the Property and will not render the Property non-conforming with respect to its current use. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by this Court: I. That the 28,008 square feet or 0.6430 acres described in the original petition in condemnation on file in this cause, and attached hereto as Exhibit "A" to this Judgment, be and are hereby vested out of all LANDOWNERS and the other named Defendants and are hereby vested in the TOWN OF ADDISON, a municipal corporation, in fee simple. AGREED JUDGMENT -Page 3 Document II:. l00J4l4 n. That the Defendant LANDOWNERS, Motel 6 Operating L.P., Motel 6 G.P., Inc. (now known as Accor North America, N.A.) and Georges Le Mener, individually and as officer of Motel 6, G.P., Inc., Jojos Restaurants, Inc., Tax Assessor-Collector ofDallas County, and Dallas Independent School District are jointly entitled and hereby awarded a judgment against Plaintiff in the total amount of FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO/IOO ($475,000.00) less the amount of the Commissioners' Award previously deposited in this cause, such amount being $431,234.00, and less any and all amounts necessary to convey clear title by way of the payment and/or satisfaction of all taxes, liens, and any other encumbrances on the Subject acquired property which have been owing from May 29, 2003, to the present time. m. The Defendants Jojos Restaurants, Inc., and David Childs as Tax Assessor-Collector of Dallas County, and Dallas Independent School District take nothing by this Judgment that has not heretofore been awarded awarded by the Special Commissioners. IV. That this Judgment will be fully satisfied by Plaintiff by the additional payment of FORTY-THREE THOUSAND, SEVEN HUNDRED SIXTY-SIX DOLLARS AND NO/IOO ($43,766.00), less any and all amounts necessary to convey clear title by way of the payment and/or satisfaction of all taxes, liens, and any other encumbrances on the Subject acquired property which have been owing from May 29,2003, to the present time, to Motel 6 Operating L.P., Motel 6 G.P., Inc. (now known as Aecor North America, N.A.) and Georges Le Mener, AGREED JUDGMENT-Page 4 Dotumcnlll: IO(i1l6l4 individually and as officer of Motel 6, G.P., Inc., and their attorney of record, David C. Kent. Upon receipt of such payment, which shall bear no interest and no execution shall ever issue against the TOWN OF ADDISON for any further payment for the acquisition of the property, the subject of this action, this ludgment shall be fully satisfied. If the title company (such company to be chosen by Plaintifi) is unable to obtain all necessary releases or disclaimers to clear and insure title to the property within 30 days after this Judgment is entered, the additional payment due under this Judgment shall be deposited in the registry ofthe court. V. IT IS HEREBY ORDERED AND ADJUDGED by this Honorable Court that the Defendant Landowners and taxing entities shall be entitled to withdraw from the Registry of the Court FOUR HUNDRED THIRTY·ONE THOUSAND, TWO HUNDRED THIRTY·FOUR DOLLARS AND NOIIOO ($431,234.00) heretofore deposited into the Registry of the Court to the extent of their respective interest, and that no further order shall be required of the Clerk before the issuance of the check payable to the Defendants, save and except the statutory fees for withdrawal of monies from the Court's Registry. VI. That all costs of Court incurred in this cause be taxed against the party incurring same. That the Plaintiff, TOWN OF ADDISON, has fully paid the cost of filing suit, costs of process, the costs provided in the Commissioners' Cost Bill; payment of such expenses is herein acknowledged. It is expressly understood that the Plaintiff, TOWN OF ADDISON, shall bear all costs associated with the closing on this Subject Property with the title company of its choice. AGREED JUDGMENT -Page 5 Document /I: 106&514 VII. It is further agreed by the terms of the Judgment that all attorneys' fees incurred in the prosecution and/or defense ofthis action shall be borne by the party incurring same. SIGNED this ___day of_______, 2004. JUDGE, County Court at Law No.2, Dallas County, Texas AGREED JUDGMENT -Page 6 APPROVED AS TO FORM AND AGREED AS TO SUBSTANCE: 􀁂􀁾􀀠fr.£ c-􀁛􀁾DAVID .KENT State Bar No. 11316400 SEDGWICK DETERT MORAN & ARNOLD, L.L.P. 1717 Main Street, Suite 5400 Dallas, Texas 75201 (469) 227-4658 (Telephone) (469) 227-8004 (Telecopier) COUNBELOF RECORD FOR DEFENDANTS MOTEL 6 OPERATING, L.P. MOTEL 6 G.P., INC., now known as Accor North America, Inc. GEORGES LE MENER, INDIVIDUALLY AND AS OFFICER OF MOTEL 6, G.P., INC. By: 􀁾􀀠􀁾􀁾)t. rYJ?I: State Bar No. 05893000 City Attorney for Town ofAddison ANGELA K. WASHINGTON State Bar No. 20897155 Assistant City Attorney for Town ofAddison COWLES & THOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 (Telephone) (214) 672-2020 (Telecopier) ATTORNEYS FORPLAlNTffF TOWN OF ADDISON By: 􀁎􀁅􀁄􀁾􀁗􀁅􀀽􀀽􀁂􀁾􀁓􀀽􀁔􀀽􀁅􀀽􀁒􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭State Bar No. 21053300 HILL GILSTRAP 1400 West Abrams Street Arlington, Texas 76013 (817) 261-2222 (Telephone) (817) 274-9724 (Telecopier) COUNBEL OF RECORD FOR JOJOS RESTAURANTS, INC. C:lD/· I i I I i •I . 􀁾􀀠􀁾􀁓􀁾􀁅􀁎􀁮􀁒􀁄􀁾􀁅􀁾􀁒􀁾􀀺􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭:!:! -Complete items 1ant1ior2 fO( additional services. f afso wish to receive the CD -Complete items 3, 4a, and urtat Law No.. 2 .l1gaiilstMote160peratilltL.P., lit aLfgttheplll'pOseOf !\c.qiljtiqE lartdneededfor thecortstructlon,.relocation and extension ofArapairo Road,and . WHEREAS; lbeSpeCiilI COnimi.ssibiiersappoil1red by tIle Coilrt, hll'vihg C(ll'lv¢t:led and heardevidertcc onthematter;rendctedaSpedaJ Commissioners' Awatdin:ihe amountof .$431,234.QO, wl:ti¢hll.ll10Ilot hasbe8n· pla(;ed in. 􀁴􀁨􀁥􀁒􀁾􀁧􀁩􀁳􀁴􀁲􀁹� �􀀩􀁦􀁴􀁨􀁥􀁴􀀻􀁢􀁵􀁲􀁴􀀻􀁡􀁮􀁴􀀱􀀠'WlIEREAS, Motel 6.dperating, LP., has proposed settlement·ofthe matter fO.r.atotal . .ari:t9uni ofS47S;()OO.OO;@,d WJ{£nEAS, the (:i:ty CoUl)cil of the 1'0"'11 of Ad4ison,Tcxasfind$ that kisinihe llubHciIlicrest.to.. s.cttIe 􀁴􀁨􀁩􀁳􀁮􀁬􀁾􀁣􀁲fo(said antliuht, NQw;·111etefor¢; BEI1: RE$OLVltl>J'YTHECITY COUNCn. OFTlIE TOWN OF ADDISON, TEXAS: 􀁓􀁥􀁬􀁾􀁩􀁩􀁯􀁄􀀠1. . That the City's 􀁡􀁴􀁴􀁯􀁴􀁊􀁬􀁩􀁾􀁹􀀠lsl)enihy 􀁡􀁴􀁩􀁴􀁨􀁢􀁲􀁩􀁩􀁾􀁤􀀠tq enter into 􀁡􀀺􀁬􀀱􀁁􀁾􀀧􀂢􀂢􀁤􀀠JudgmClit itJ,Tol\lI;lOfAddisOTl; 􀁔􀀮􀁥􀀮􀁾􀁦􀁍􀀠v.MiJlei6 Operating; 􀁩􀀮􀁾􀁐􀀮􀀬􀀠et ai., Galise No; 03-007UB, effectivelysetdingthe.matle:rbyprovi:o has already 􀁤􀁥􀁪􀁬􀁑􀁳􀁩􀁴􀁾􀁤􀀠the SpedalColn!iussioners' Awariiof $431.234;00 mtothe Regll>1ry ofthe Court, the Director of Ji'Inance ishel'eby ordereQ to prepare li 􀁣􀁨􀁥􀁣􀁾􀀨􀁳􀀩􀁩􀁮􀁡􀁲􀁩􀀠,amou rit(,) DllC(!ssary to ¢overtbe 􀁩􀁾􀁬􀁲􀁩􀁡􀁩􀁬􀁬􀁩􀁮􀁧􀀠setpement amollnt($43,􀀷􀀶􀀶􀁾(0) and anyincideIital costs, payable.as set.fOrth.infue.Ai,'l'eed ludgmentor as otherwlseagree 2003. JUDGE, County Court at Law No.2, Dallas County, Texas AGREED JUDGMENT -PageS DRAFT APPROVED AS TO FORM AND AGREED AS TO SUBSTANCE: By: 􀁄􀁁􀁖􀁉􀁄􀁾􀁾􀁃􀁾􀀮􀁋􀁅􀀽􀀽􀁎􀁔􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭State BarNo. 11316400 DIAMOND MCCARTHY TAYLOR FINLEY BRYANT & LEE, L.L.P. 1201 Elm Street, 34th Floor Dallas, Texas 75270 (214) 389-5300 (Telephone) (214) 389-5399 (Telecopier) COUNSEL OF RECORD FOR DEFENDANTS MOTEL 6 OPERATING, L.P. MOTEL 6 G.P., INC., now known as Accor North America, Inc. GEORGES LE MENER, INDIVIDUALLY AND AS OFFICER OF MOTEL 6, G.P., INC. By: 􀁋􀁅􀁎􀁾􀁃􀁾􀀮􀀽􀁄􀀽􀁾􀀽􀁐􀁅􀀽􀁌􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭State Bar No. 05893000 City Attorney for Town ofAddison ANGELA K. WASHINGTON State Bar No. 20897155 Assistant City Attorney for Town ofAddison COWLES & rnOMPSON, P.C. 901 Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 (Telephone) (214) 672-2020 (Telecopier) 􀁁􀁔􀁔􀁏􀁒􀁎􀁅􀁙􀁓􀁆􀁏􀁒􀁐􀁌􀁾􀀠TOWN OF ADDISON By: 􀁍􀁁􀁒􀁋􀁾􀁄􀁾􀀮􀁾􀁓􀁾􀁍􀁉􀁔􀁔􀁈􀁾􀀽􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭State Bar No. 18648650 RAMIREZ & ASSOCIATES, P.C. 2777 Stemmons Freeway, Suite 933 Dallas, Texas 75207-2227 (214) 637-0933 (Telephone) (214) 637-3399 (Telecopier) COUNSEL OF RECORD FOR DALLAS INDEPENDENT SCHOOL DISTRICT By:=-=--,-::--::-:::==:-==-:-::-_____ 􀁄􀁁􀁌􀁌􀁁􀁓􀁃􀁏􀁕􀁎􀁔􀁾􀁔􀁅􀁘􀁁􀁓􀀠David Childs, Ph.D. Dallas County Tax Assessor-Collector 500 Elm Street Records Building, ]st Floor Dallas, Texas 75202 (214)653-7811 (Telephone) H:\DCOIlIlerlMote161Agreed lu4gment·DHC.doc AGREED JUDGME!\'T -Poge 6 DATE SUBMITTED: August 5, 2003 FOR COUNCIL MEETING: August 12, 2003 Council Agenda Item: SUMMARY: This item for the consideration and approval of a resolution authorizing the City's Attorney to enter into an agreed judgment in Town of Addison vs. Motel 6 Operating, L.P., et a1, and providing for an effective date. F1NANCIAL IMPACT: Budgeted Amount: N/A Amount ofTotal Compensation: $475,000.00 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 illproject. Approximately 0.6430 acre ofpermanent right-of-way adjacent to the proposed project extension of Arapaho Road is required as part ofthe roadway improvements. This parcel is a portion ofthe Roadway Inn Addition, and is owned by Motel 6 Operating, L.P., et al. Special Commissioners appointed by the Court previously rendered a Special Commissioner's Award, Cause No. 03-00711-B, in the amount of$431 ,234.00, to Motel 6 for the acquisition ofthe necessary right-of-way. This amount of money has also been placed in the Registry ofthe Court. Through the appeal process, Motel 6 has proposed a settlement ofcompensation for the property, any damages to the remaining property, and to eliminate the further expense oflitigation by all panies, in the total amount of $475,000.00. The final settlement amount consists of an increase ofS43,766.oo over the original Special Commissioner's award. RECOMMENDATION: Staff recommends that Council approve a resolution authorizing the City's Attorney to enter into an agreed judgment in Town ofAddison vs. Motel 6 Operating L.P., et al, Cause No. 03-00711-B, in the amount of5475,000.00, and providing for an effective date. TOWN OF ADDISON, TEXAS RESOLUTION NO. ______ A RESOLUTION AUTHORIZING THE CITY'S ATTORNEY TO ENTER INTO AN AGREED JUDGMENT IN TOWN OF ADDISON V. MOTEL 6 OPERATING, L.P., ETAL, CAUSE NO. 03-00711-B; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas filed under Cause No. 03-00711-B in the County Court at Law No.2 against Motel 6 Operating L.P., et al. for the purpose of acquiring land needed for the construction, relocation and extension ofArapaho Road; and WHEREAS, the Special Commissioners appointed by the Court, having convened and heard evidence on the matter, rendered a Special Commissioners' Award in the amount of $431,234.00, which amount has been placed in the Registry ofthe Court; and WHEREAS, Motel 6 Operating, L.P., has proposed settlement of the matter for a total amount of$475,000.00; and WHEREAS, the City Council ofthe Town ofAddison, Texas finds that it is in the public interest to settle this matter for said amount; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the City's sttomey is hereby authorized to enter into an Agreed Judgment in Town ofAddison, Texas v. Motel 6 Operating, L.P., et al., Cause No. 03-00711-B, effectively settling the matter by providing a total amount of $475,000.00 as compensation for the property, any damages to the Remainder, to save further costs and expense of litigation and to address any and all other matters as set forth in the pleadings on file in this Cause. Section Z. That as the Town has already deposited the Special Commissioners' Award of $431,234.00 into the Registry of the Court, the Director ofFinance is hereby ordered to prepare a check(s) in an amount(s) necessary to cover the remaining settlement amount ($43,766.00) and any incidental costs, payable as set forth in the Agreed Judgment or as otherwise agreed by the parties. Section 3. 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 12th day ofAugust, 2003. R. Scott Wheeler, Mayor RESOLUTION NO. ________OFFICE OF THE CITY SECRETARY ATTEST: By: ______,--__ Carmen Moran, City Secretary APPROVED AS TO FORM: By: ___________________ Ken Dippel, City Attorney RESOLUTION NO. ____________OFFICE OF THE CITY SECRETARY · (Itt.. I PUBLIC WORKS MEMORANDUM TO: t<:eJlf; PlppLe Ftl;lC 2:L-f-672-:z[):20 FROM: MikeM«rphy; .z:,tmtorofPf -+:1.) l'tease-fhtCt􀁃􀁬􀁴􀀺􀁴􀀡􀀺􀁭􀁨􀁥􀁴􀀺􀀡􀀭􀁣􀁾of edl 􀁾􀁴􀁩􀁺􀁮􀀮􀀱􀀻􀁣􀁾􀁾􀁩􀀮􀁴􀁬􀀱Motet G. m fcyst l'Cfere-f;s If Sta'I'tVOCClYJj ofmwct:e:vcts"wttFr-assacCtttet:!-oI!:!tes. MOTEL 6 4/18/02 Public Works staff & Ron Whitehead met with Randy Lee & his engineering representative on-site to discuss project. Their concerns were as follows: Security Perimeter Fencing Landscaping Noise Level 5/01102 Right-of-way agent met with Randy Lee and discussed the project, including appraised value oftaking. 5/29/02 Received response back from Randy Lee to Pat Haggerty. See attached letter. 6/08/02 Evaluation Associates submitted comments to Public Works staff regarding comments from 5/29102 letter, with no changes recommended. See attached letter. 6/25/02 Received Council approval to make final offer to Motel 6, based on appraised value. See attached agenda documents. 6/06/02 Offer letter from City Manager sent to Randy Lee. See attached letter. 7/03/02 Mike Murphy received phone calJ from Randy Lee. See attached e-mail. 7117102 Follow-up letter from City Manager sent to Randy Lee. See attached letter. 8/05/02 Mike spoke with Randy Lee. Mr. Lee said that he "could not get his arms around our offer & that we should go to court." He wanted to be in attendance at the 8/27/02 Council meeting. Staff sent notice ofmeeting to Mr. Lee. However, he did not attend. 8/08/02 Additional follow-up letter sent by Mike Murphy to Randy Lee. See attached letter. 8/27/02 Received Council approval authorizing condemnation ofMotel 6 property. See attached agenda documents. 9117102 Notice ofcondemnation sent by Ron Whitehead to Randy Lee. See attached letter. 9/25/02 Counter offer sent by Motel 6. See attached letter. 1012102 Letter that rejects the Motel 6 counter offer sent by Ron Whitehead. See attached letter. 10108/02 Response to rejection letter sent by Randy Lee to Mayor Scott Wheeler. See attached letter. . ' . Accor Economy Lodging 14651 P.lI.. Parkway, S« SOO OIlJas, IX 7S254 To. 972·386-6161 May 29, 2002 Mr. Patrick J. l:Iaggerty, SIOR Campbell Company ofDallas, Inc 16475 Dallas Pkwy # 700 Addison, TX 75001 Via Fax 972-248-0230 RE: Arapaho Road Extension Effect on Motel 6. Dear Patrick: As promised, here is my response to your value of Motel 6's damages as a result of the above referenced project to be done by the City of Addison, TX. Regarding the land, you value our entire parcel at 52,170,000 using land sites that are not as good as Motel 6's. Additionally, our assessed value is 52,899,880 for this same parcel per the recent revaluavon by Dallas County. I would expect . compensation from the City of Addison to De in line what the assessed value. On a per square foot basis, that is $374,472 for .6430 acres as opposed to your suggested $280,080 or an additional $94,392. Regarding the loss of the recreational amenities on the land to be taken, I think you have minimized their value. You say, they are of an 80's era however. they are a very necessary amenity for our guest and property. Today, most new limited service hotels that do not have these amenities are less than 80 rooms. We have 148 rooms at this property that we pay taxes on and employ people to operate and maintain. We will not find as many customers to fill these rooms without the amenities we stand to lose as a result of this project. ['m requesting you review your position on this and discuss it with the City Manager in an effort to re-value these amenities. For purposes of business value and as of this letter, I have not valued these amenities however assure you that $ 52,750 is a very low figure in my opinion. Additionally. The City ofAddison should be prepared to compensate us for the following items: .. The cost to completely redevelop the lighting on the north perimeter of the property. This Is not included in your evaluation. • The cost to replace the fence on the northern perimeter of the property. • Reasonable installation of landscaping above that planned by the City of Addison. other issues I see at this point are: • Noise: With an elevated roadway a few feet away from our building, its going to be loud for our guest and make the property less desirable. We discussed with the city engineers the concept of placing 3-foot tall lane dividers or the like to divert noise up as opposed to out. We would like to know what the city plans to do about this. • Signage: We will have a property with two commercial sides. I think an appropriate variance to the City of Addisons sign code'allowing us an additional pole sign on Arapaho Road identifying the property and its access is from BeltJine Road is necessary. This will also help identify Arapaho Road as something more than an alley to Beltline Road if we do this. The City of Addison should also pay for the sign. .. Variances: We need the City of Addison to put in place I make of record all variances necessary to make our property compliant with all City and County Codes as a result of this project. Please note this letter is complete only to tIJe extent of which your evaluation _ identifies our damages and a preliminary site review by our in-house engineer and myself. We cannot complete our assessment of damages or financial impact until we see the construction plans prepared by the City of Addison. I can be available to talk to you and or the City Manager at the end of June. Please send me the time schedule including the dale of possession, construction start and end dates. Sincerely, 􀁾􀀠Randy Lee Vice President Real Estate & Development Jun 7 '02 11:28 P.Ol EVALUATION ASSOCIATES RlGHT OF WAY LAND RIOHfSACQUlSmON APPRAISAl. SOLUTlONS June S, 1002 Mr. Steve Chutchian, P.E. Assistant City Engineer Town of Addison 16801 We$tgrove . Addison, Texas 75001·9010 Re: Arapaho Road Phase III -Parcel No.6 -4301 Belt Line Road -Response to Mr. Randy Lee's leiter dated May 29, 2002 Dear Mr. Chutchian: In response to Mr. Lee's leiter ofthe above reference project, we offer thefol\owing reply. We hope that this response together with the revised appraisal report will assist the City in completing the acquisitioll of the land rights needed for this project. Point: Mr. Lee $tates the land value for tbe subject whole property is less than the .9sessed value. Response: Ye.\ our analysis indicates the value of the subject land is SIO.OOJSF. The current proposed 2002 a9seued value i$ $2,899,8110 or SI3.361SF. Specifically addressing the tax. valuation, the allocation ofvalue to the land portion ofthe overall property value by DeAD is not the most important component oftheir value. The overall combi»ed value of the property, including land and buildings is most likely the value that they would be more focused in defending. The land portion ofthe overall property value may have been simply allocated. We can not comment further as we do not have the Dallas Counly Appraisal District supportmg documentation. We researched the market and utilized the most competitive, most indicative sales data available. We would be happy to investigate any land sales data Mr. Lee offers, provided there is suffICient detail (location. sale date, grantor, grantee, size and verifYing party) to confirm a bona tide transaction ha$ occurred. Ifsalcs data is offered and verified. we will re-analyze the data set to determi»e ifthe value estimate is supportable. We do not wish to wastethe City's time and money on a wild goose chase. Declarations that values are low is not sufficient to warrant re.analysis. Point: Loss ofrecreational amenities will result in the loss ofroom revenue. Response: The appraisal report details the compensation for the tennis courts and walking path. The property owner can elect to replace this recreational amenities on lhe subject 11615 Forest 􀁾􀁮􀁴􀁲􀁡􀁬􀀠Drive' Suile 20' • Dallas, Te:,rector ofPubllc Work1..s ToW"-ofAddlso,"" 􀁾􀀩􀀧􀀲􀀩􀀢􀀬􀀢􀀵􀀰􀀭􀀺􀀻􀀡􀁬􀁩􀁩􀁔􀀡􀀿􀀠1 (972) 450.7001' FAX (972) 􀀴􀀵􀀰􀂷􀀷􀀰􀁾􀀳OFFICE OF THE CITY MANAGER 5300 Belt Line Road 􀁾􀁾􀁦􀀴􀁾􀁾􀁾􀁾􀀧􀀻􀀢􀂮􀀠Post Office Box 9010 Addison, Texas 75001·9010 July 17,2002 Mr. Randy Lee' Vice President Aceor Economy Lodging 14651 Dallas Parkway, Ste. 500 Dallas, Texas 75254 Re: Roadway Inn Addition Dear Mr. Lee: You should have received a letter dated June 26, 2002, providing a written offer to purchase a portion of the right-of-way behind your property (see attached). As you know, this right-of-way acquisition is to accommodate the construction of Arapaho Road, Phase m. Pursuant to the June 26th letter, you have 30 days from receipt of that 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 of Addison 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 I 6801Westgrove 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 PUBLIC WORm; DEPARTMENT (972) 450-2871 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮􀀠Post Olll.e Sox 9010 Addison, Texas 75001-9010 . 16801 Westgrove August 8, 2002 Mr. Randy Lee Vice President Accor Economy Lodging 14651 Dallas Pardway, Suite 500 Dallas, Texas 75254 Re: Roadway Inn Addition Dear Mr. Lee: In previous correspondence, the Town ofAddison stated that recommendations regarding your property in the Roadway Inn Addition would be made at the August 13, 2002 City Council meeting. However, due to a delay in acquiring necessary property title commitments, our staffis now scheduled to address this issue at the August 27, 2002 meeting. During this interim period, the Town will consider any counter-orrer proposal that you submit. Should you have any questions, please contact Steve Chutchian, P .E., Assistant City Engineer, at 9n-450-2886, or myself. Sincerely, 􀁾􀂣􀀮􀁾􀀠Michael Murphy, P .E. Director ofPublic Works "Council Agenda Item .;IR..ll SUMMARY: This item is to request Council consideration of a resolution authorizing conde for the acquisition of a 0.6430 acre tract of land owned by Motel 6 Operating, ' for permanent right-of-way from the Roadway Inn Addition (located generally Belt Line Road). FINANCIAL IMPACT: Budgeted Amount: N/A Appraised Value: $332,795.00.00 Source of Funds: Funds are available from Year 2000 andlor 2002 ( Obligation Bond Program, Project No. 83300. BACKGROUND: , The right-of-way acquisition process is currently underway on the proposed Araj Road, Phase illproject. Approximately 0.6430 acre of permanent right-of-way f proposed extension of Arapaho Road (see attached Parcel 6 map) is required as f the proposed roadway improvements. This parcel is a portion of the Roadway 1m Addition, and is owned by Motel 6 Operating L.P. In October 2001, the firm of Evaluation Associates appraised the fee simple valu 0.6430 acre of right-of-way at $332,795.00, which included compensation for improvements improvements (tennis court, fencing, etc.) in the amount of $52,715.00. Staffhru several unsuccessful attempts to negotiate with the owner. On June 26, 2002, the submitted a final offer to the property owner (see attached letter), which included of $332,795.00. However, the property owner did not formally respond to the T( within the required thirty (30) day period of time. RECOMMENDATION: ;j It is recommended that Council approve a resolution determining the necessity oj acquiring the real property owned by Motel 6 Operating L.P., et al, and authorize condemnation andlor appropriation for public use in connection with the realignl1 extension of Arapaho Road. i TOWN OF ADDISON, TEXAS RESOLUTION NO. R'--___ A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY OWNED BY MOTEL 6 OPERATING, L.P., ET AL. AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ARAPAHO ROAD IN ADDISON, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of terms shall apply: "PROPERTY": The areas described in Exhibit "A" attached hereto and made a part hereof for all purposes. "PROPERTY INTEREST": Fee simple title to the land described in Exhibit "AU attached hereto and incorporated herein. "PROJECT": Realignment and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT": Three Hundred Thirty Two Thousand Seven Hundred and Ninety Five and NO/lOO Dollars ($332,795.00). "OWNERS": Motel 6 Operating, L.P. Motel 6 G.P., Inc., general partner partner of Motel 6 Operating, L.P. Georges Le Mener, individually and as officer ofMotel 6, G.P., Inc. "TENANTS/OWNERS": jojos Restaurants, Inc. SECTION 2. That it is hereby determined that public convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTEREST in, over, and across the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST in, over, and across the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTEREST in, over, and across the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. RESOLUTION NO. R'---____.PAGE 1 SECTION 5. That, in the event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the. City Attorney that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with the OWNERS as to the damages legally allowable by law. In ifuch case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition of the PROPERTY in condemnation or in any manner provided by law. SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an award that is the same amount or less that the OFFER AMOUNT, the City Finance Director is hereby authorized to issue a check not to exceed the amount of the Commissioners'·award made payable to the County Clerk of Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council. SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made and provided. PASSED AND APPROVED this ___day of _______, 2002. Mayor Town of Addison, Texas ATTEST: APPROVED AS TO FORM: Carmen Moran, City Secretary Ken C. Dippel, City Attorney RESOLUfION NO. R _____• PAGE 2 "EXHIBITAn Parcel 6 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texa.s BEING a description of a 0.6430 acre (28,008 square foot) tract of land situated in the Edward Cook Survey, Abstract Number 326, Town of AddisonJ Dallas County, Texas, and being a portion of a called 4.9814 acre ·tract of land as conveyed to Motel 6 Operating L.P. on February 1, 1990 and recorded in Volume 90024, Page 0779 of the Deed Records of Dallas County, Texas, said called 4.9814 tract being all of the Rodeway Inn, an addition tp the Town of Addison, as evidenced by the plat"dated January 16, 1981 and recorded. in Volume 81052, Page 0·775 of said Deed Records, said 0.6430 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northwest corners of said called :4.9814 acre tract and· said Rodeway Inn and Northeast corner of a called 3.334 acre tract of land as conveyed to Addison, R. E. on September 15, 1995 and recorded in Volume 95181, Page 03931 of said Deed Records, said called 3.334 acre tract being all of the· Iceoplex Addition, an addition to the Town of Addison, as evidenced by the plat dated on September 20, 1995 and recorded in Volume 95210, Page 03012 of said Deed Records; THENCE, SOUTH 89°S8' 49" EAST, along the common proposed North right of way line of Arapaho Road, North line of said called 4.9814 acre tract and South right of way line of said DART railroad, a distance of 268.11 feet (said line being called South 88°S1'59" East -76.23 feet and South 89°11'14" East 216.99 feet) to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; PARCEL 6 -ARAPAHO ROAD PROJECT THENCE, EASTERLY, continuing along-said common line and along the arc of said curve to the left having a -radius of 2,914.79 feet, a _ central angle of 2°03'16", a chord bearing North 88°59' 33" East for 104.51 feet, for an arc distance of 104.52 feet (said curve being called North 84°35' 23" East 79.73 feet) to a 5/8 inch iron rod set for the common Northeast corner of said called 4.9814 acre tract and Northwest corner 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 said Deed Records, said called 4.1525 acre tract being a Town of 88066, Page portion of Addison Restaurant Addison, dated March 9, 1988 4219 of said Deed Records; Park, and ra eaddition corded in to the Volume THENCE, SOUTH 00°24'10" EAST (called South 00°27' 09" East), departing said common line -and along the common East line of said called 4.9814 _ acre tract and West line of said called 4.1525 acre tract, a distance of 80.83 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; THENGE, NORTH 89°58'49" WEST, departing said common line and along the proposed South right of way of Arapaho Road, a distance of 296.05 feet to a 5/8 inch iron rod set in the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract; THENCE, NORTH 00°31' 18" WEST (called North 00°28' 23", West), departing said line and along the said common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 19.13 feet to a 1/2 inch-iron rod found for a common interior ell corner of said called 4.9814 acre tract and the most Easterly Northeast corner of said called 3.334 acre tract; THENCE, SOUTH 89°55' 39" WEST (called North 88°51' 59" West), along a South line of said called 4.9814 acre tract and a North line of said called 3.334 acre tract, a distance of 75.91 feet (called 75.60 feet) to a 1/2 inch iron rod found for the common most Westerly Southwest corner of said called 4.9814 acre tract and an interior ell corner of said called 3.334 acre tract; THENCE, NORTH 00°59'43" WEST (called North 01°04'54" -West), along the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 59.96 feet (called 60.10 feet) to the POINT OF BEGINNING; PARCEL 6 -ARAPAHO ROAD PROJECT CONTAINING an area of 0.6430 acres or 28,008 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. 􀁾􀀩􀁴􀁾􀁾􀀮􀀮􀁦􀁨􀀭􀀯􀀯􀀭􀀯􀁩􀀨..-r? AyuR. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 UNE TABLE l UNE BEARING I CAU.ED I DlST CAU.E.' I Ll N 00'31'18" W I NOO':aB'2YW 19.13' -l DALLAS AREA RAPID mANSIT CURIIE TABLE (100'-1!;O;W;) CURIIE DELTA I RADIUS I LENClli I . CHORD 􀁄􀁅􀁃􀁅􀁍􀁾􀁅􀁒􀀠27, 1990 Cl 02'03'16" I 2914.79' 1104.52'1 N 88'59'33" E -104.51' PROPERTY. ACQUlsmON CORPORAnON-l9 􀁾􀁉􀁑􀀩􀁗􀁏&'1Rl1Q) 􀂩􀀨􀁑􀀩􀀨􀁑􀀩􀁾􀀠􀀤􀀡􀁬􀀡􀁊􀁉􀁒􀁬􀁗􀁾􀀧􀁴􀁲􀀠VOL 91008, PC. 1390I -D.R.D.C.T.􀀦􀀮􀁣􀀳􀁬􀁾􀁾􀀠 ... 􀁾􀀠.. , I IIR • I 5 , •• I 􀁾􀀠(CALLEO 588'5,'59"E -7&.23' • 58"'11"4"[ -2115.99') . --"' .--.--= P.O.B . S 89'58'49" E -268.11' -Cl . 􀁾􀀠'" 􀁴􀁾􀁛􀁎􀁬􀀾􀀮􀁔􀁩􀀾􀀢􀀧􀁦􀁭􀀢􀀭􀀧􀀱􀀠􀁾􀀠􀀮􀁾􀀮􀁟􀀭􀀬􀀧􀀵􀀧􀀻􀀭􀁾􀀢􀁑􀀿􀁍􀁾􀂷􀀠' ...;.:=j.:=;-.,:j . Cllile •• Tr ... 􀁾􀀠􀁾􀀠􀁾􀀢􀀧􀁾􀁔􀀠• 􀁾__lUOU \ --.:::::::::... L • lIJoU_, g 􀁾P r c. ,., , ARAPAHO ROAD 􀁾􀁾􀀠􀁾Cl !. 􀁾􀀡􀀠• . ]:; e· (84' R.O.W.) og b " 1l1U" .. 􀁾􀀠8 .. cq o.JANUARY 16, 19Sf 0 " :;: -􀁾􀀠􀁾􀀠􀁾􀀠 􀁾,,= eo 􀁾􀀠l􀁾􀀮,,\,l 􀁾􀀠􀁾􀀠􀁾-􀁾􀀠.. ," .. J 1'''''''' /"""" 'l" 0D.R.D.C.T. z r '.'" 'I 􀁾􀀠 en 􀁂􀀡􀀵􀁳􀁬􀀳􀁾􀀽􀀠IiI ! " 1u 􀀻􀀻􀀮􀀮􀀮􀁾􀀠: 􀁾• _ '...0-.... ..76,9il';UTt 􀁾􀀠I I ••M. 􀁾􀀠 . (CALLEO NM'51'5i'W-75.80') _ • .g N 89r':\ -'296.05' , II ADDISON RESTAURANT ICEOPLEX PARK MARCH 9, 1988SEPTEMBER 20, 1995 I j" VOL 88066, PG, 4219D VOL",95210. PG. 03012 D.R.D.C.T.D.R.D.C.T. RODE WAY INN MOTEL 8 OPERAnNG LP. JANUARY 16. 19S1 CAllED 4.9814 ACRES HERITACE INN NUMBER VOL 81052, PG. 0775 FEBUARY 1. 1990 XIII.ADDISON R.E. D.R.D.C.T. VOL 90024, PC. 779 UMITED PARTNERSHIP SEPTEMBER 15, 1995 CALLED 3.334 ACRES D.R.D.C.T. CAllED ..1525 ACRES JANUARY 24, 1997VOL 951S1. PC. 03931 VOL 97018, Pc. 00073 D.R.D.C.T. D.R.D.C.T. PARCEL 6 A PLAT OF A ...." 0.6430 ACRE (28.008 SQ. FT.) TRACT OF LAND 􀀭􀀼􀀮􀁾􀀠....... 7"1; tij0FQ . IN THE EDWARD COOK SURVEY . 􀁾􀀧􀁴􀀺􀀮􀀬􀀦􀀪􀂣􀀺􀁾􀀢􀀻􀀺􀀮􀀮􀀺􀁴􀀻􀀠ABSTRACT NO. 326co:'Q;' '0\ (fI 􀁾􀀠􀁾􀀠TOWN OF ADDISON..................... .:... AYUB R. SANDHU .. DALLAS COUNTY, TE XAS , OINT AS INDICATED ...:.................:1.... . IN ROD SET UNLESS <'"\:"0 2910 """,,:/J:' • "• 􀀮􀀮􀀮􀀬􀁁􀁟􀂷􀂷􀀮􀀿􀀺􀀧􀁾􀁴􀀺􀀺􀀡􀀡􀁴􀀺􀀺􀀡􀀮􀁜􀁑􀀮􀂷􀁊 􀁯􀀠...VOL 77173, PACE 135; D.R.D.C.T. 011iERWISENOTED 􀁾􀀠; 􀁾---PROPOSED RIGHT OF WAY UNE HEREWllli•A LECAL DESCRIPnON OF EllEN SURIlEY DATE 􀁾􀁒􀁁􀁐􀁈􀁉􀁃􀀠SCALE I' . ACCOMPANIES .11i1S PLAT. 1 INCH = 50 FT. . BvALUATION ASSOCIATES ] RlOHT OF WA,( LAND RlOHTS ANALYSIS' APPRAISAL' ACQUlSITION • SOLUTION!! SUMMARY OF SALIENT FACTS AND CONCLUSIONS] . ARAPAHO ROAD PROmC!' j Property Owner: Motel 6 Operating LP. Parcel No.6 Valuation Conclusion:] 1 Whole Property (Lalld Only) Proposed Acquisition Re.mainder Before Acquisition Remainder After Acquisition Loss in Value ofRemainder After ) Determination of Compensation: Permanent Right ofWay .) Compensation for Improvements (tennis court, fencing) Landscaping (None -Replacement) ) Total Compensation Date ofAppraisal:) Location:J Legal Description:J 1 Land Size: ] Zoning: 1 Highest and Best Use: As ifVacant BEFORE: As ifVacant AFTER:1 $2,170,000 .$ 280,080 $1,889,920 $1,889,920 $ -0$ 280,080 .$ 52,715 $ -0.$ 332,795 􀁏􀁣􀁴􀁯􀁢􀁥􀁲􀁾􀀬􀀠2001 . 4301 Belt Line Road, Town ofAddison, Texas Roadway Inn Addition, Town of.Addison, DalIasCounty, Texas . . . Whole Property (per DCAD records) 4.97934 Aeres Right ofway Area 0.6430 Acres SU, Special Use Permit,Planned Development District Commercial use Commercial use 11615 Forest Central Drive • Suite 205· • Dallas, Texas 75243-3917 • (214)553-1414 OFFICE OF THE CITY MANAGER (972) 451).7000 • FAX (972)451).7043 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮􀀠Po" Office Box 9010 Addaon, T .... 75001-9010 5300 Bolt Lin. Road June 26, 2002 Mr. Randy Lee Vice President Accor Economy Lodging 14651 Dallas Parkway, Ste. 500 Dallas,Texas 75254 RE: ltoadway Inn Addition Dear Mr. Lee: In February 2000, the Town ofAddison 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 Unle, 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 of the tract ofland that is currently occupied by . Motel 6. This land acquisition is necessary for the purpose ofobtaining public right-of-. way for the Arapaho Road project along with related municipaJ. uses including public parks and open spaces. The fum ofEvaluation Associates originally appraised the property in October 2001. The attached sununary sheet shows the faiT market value of this taking is $332,795.00. In June 2002, the City Council of the Town ofAddison authorized me to make an offer to purchase the 0.6430 acre tract of land at the appraised· value of$332,795.00. 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 questiolilS, please feel free to contact Mr. Mike Murphy, Director Qf Public Works, at (972) 450-2871, or myself. Ron Whitehead City Manager OFFICE OF THE CITY MANAGER (972) 45G-7000' FAX (972) 450-7043 ___ii!!!i!!!i!!!!!li!!!!!i!!!!!!!!® Post Office Box 9010 Addison, Teos 7500J·9010 5300 Bell Lin. Road September 17, 2002 Mr. Randy Lee Vice President Accor Economy Lodging 14651 Dallas Parkway, Suite 500 Dallas, Texas 75254 RE: 4301 Belt Line Road, Roadway Inn Addition Edward Cook Survey, Abstract No. 326 Dear Mr. Lee: On August 27, 2002, the Town of Addison authorized condemnation of the above-referenced property. A copy ofthe condemnation resolution is enclosed. As stated in my June 26, 2002 letter, the Town's final offer for the purchase of the property is $332,795.00. If you wish to accept this offer, please let us know by 􀁓􀁾􀁴􀁥􀁭􀁢􀁥􀁲27, 2002. Ifwe do not hear from you by September 27, 2002, we will proceed to file an action in condemnation. Very tmly yours, Ron Whitehead City Manager for the Town of Addison Enclosure TOWN OF ADDISON, TEXAS RESOLUTION NO. R02-079 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY OWNED BY MOTEL 6 OPERATING, LP., ET AL AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WLTH THE REALIGNMENT AND EXTENSION OF ARAPAHO ROAD IN ADDISON, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: . SECTION 1. That for the purposes of this Resolution, the following definitions of terms shall apply: "PROPERTY": The areas described in Exhibit "A" attached hereto and made a part hereof for all purposes. "PROPERTY INTEREST": Fee simple title to the land described in Exhibit "A" attached hereto and incorporated herein. "PROJECT": Realignment and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT":Three Hundred Thirty Two Thousand Seven Hundred and Ninety Five and Nof100 Dollars ($332,795.00). ·OWNERS": Motel 6 Operating, L.P. Motel 6 G.P., Inc., general partner of Motel 6 Operating, L.P. Georges Le Mener, individually and as officer of Motel 6, G.P., Inc. "TENANTs/OWNERS": jojos Restaurants, Inc. SECTION 2. That· it is hereby determined that public convenience and neoessity requires that the Town of Addison should acquire the PROPERTY INTEREST in, over, and across the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby determined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST in, over, and across the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as OFFICE OF THE CITY SECRETARY R02-079 payment for the PROPERTY to be acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison determines to appropriate the PROPERTY INTEREST in, over, and across the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. SECTION 5. That, in the event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attorney that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the TOwn of Addison cannot· agree with the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition of the PROPERTY in condemnation or in any manner provided by law .. SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an award that is the same amount or less that the OFFER AMOUNT, the City Finance. Director is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made payable to the County Clerk of Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council. SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attomey is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made and provided. OFFICE OF THE CITY SECRETARY R02-D79 DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this the 27th day of August 2002. Mayor ATTEST: 􀁃􀁲􀁁􀁾􀀠City Secretary ,""yLSTOFORM, Keo C. Dippel. 􀁃􀁾􀀠OFFICE OF THE CITY SECRETARY R02-o79 "EXHIBITA" Parcel 6 Field Note Description Arapaho Road PFoject Town of Addison Dallas County,. Texa_s BEING a description of a 0.6430 acre (28,008 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-4.9814 acre tract of land as conveyed to Motel 6 Operating L.P. on February 1, 1990 and recorded in Volume 99024, ) Page 0779 of the -Deed -Records of Dallas County, Texas, said called 4.9814 tract being all of the Rodeway Inn, an addition to the Town of Addison, as evidenced by the plat dated January 16, 1981 and recor,ded_ in Volume 81052, Page 0775 of said Deed Records, said 0.6430 acre tract of land being mote particularly ) described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way of Arapaho Road and the South right of way line of a 100 foot wide-railroad right of way as conveyed -to Dallas Area Rapid TranSit Property Acquisition Corporation (herein referred to as DART) on December' 27,. 19-90 and recorded in, Volume 9100B, Page 1390 of said Deed Records, said point being the _common 􀁎􀁯􀁲􀁴􀁨􀁷􀁾􀁳􀁴􀀠corners of _ said called 4.9814 -acre tract and--said Rodeway Inn and Northeast corner of a called 3.334 acre tract of land as conveyed to Addison, R.E. on September 15, 1995 and recorded in Volume 95181, Page 03931 of said Deed Records, said called 3.334 acre tr-act being all of the Iceoplex Addition, an -addition to the Town of Addison, as evidenced by the plat dated-on September 20, 1995 and recorded in Volume 95210, Page 03012 of said Deed Records; THENCE, SOUTH -89 0 58' 49" EAST, along t\1e common proposed North right of way line of Arapaho Road, North line of said called 4.9814 acre tract, and South right of way line of -said DART -railroad, a distance -of' 268.11 feet (said line being called SOuth 88°51' 59" East -76:23 feet and South 89 0 11' 14" East 􀀲􀀱􀁾􀀮􀀹􀀹􀀠feet) to a 5/8 inch iron rod set for the beginning-of a tangent curve to the left; Page 1 of 3 PARCEL 6 -ARAPAHO ROAD PROJECT THENCE, EASTERLY, continuing along· said common line and along the arc of said curve to the left having a·radius of 2,914.79 feet, a. central angle' of 2°03' 16" I a chord bearing North BB °59' 33" East for 104.51 feet, for an arc distance of 104.52 feet (said curve being called North B4 °35' 23" East 79.73 feet) to a 5/B inch iron rod set for the common Northeast corner of said called 4.9814 acre tract and Northwest corner of a called 4.1525 acre tract of land as conveyed to Heritage Inn Number XIII' on January 24, 1997 and recorded in Volume 9·7018, Page 00073' of said ·Deed Records, said called 4.1525 acre tract being a portion of Addison Restaurant Park, a addi tion .to' the Town of' Addison, dated March 9, 1988 and recorded in Volume 88066, page 4219. of .said Deed Recordsi THENCE, SOUTH .00"24'10" EAST (called South 00"27' 09" East), departing said common line, and along the common East line of said called 4.9814. acre tract and West line of said called 4.1525 acre tract, a distance of 80.83 feet to a 5/8 inch iron rod set in the proposed South· right of way line.of·Arapaho Roa?; THENGE, NORTH 89°58'49". WEST, departing said common line and along· ·the proposed South right of way of Arapaho Road, a distance of 296.05 feet to a 5/8 iI:lch iron rod set .in the common West 'line of said called 4.9814 acre tract.and East line of said called 3.334 acre tract; THENCE, NORTH 􀀰􀀰􀀰􀀳􀀱􀁾􀀠18" WEST (called North 0002B'23" West), departing said line and along the said common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance o.f 19.13 feet to a 1/2 inch' ir'on rod found for a cornmon interior ell corner of said called 4.9814 . acre tract and the most Easterly Northeast corner of said called 3.334 acre tract; THENCE, SOUTH 89"'55' 39" WEST (called North 88°51' 59" West), alqng a South line of said called 4.9814 acre tract and a North line of said called 3.334 acre tract, a distance of 75.91 feet (called 75.60 feet) to a 1/2 inch iron rod found for the common most Westerly Southwes't corner of said called 4.9814 acre tract and an interior ell corner of ,said called 3.334 acre tract; THENCE, NORTH 00°59'43" WEST (called North 01°04'54" ,West), along the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre 'tract, a distance of 59.96 feet (called 60.10 feet) to the POINT OF BEGINNING; , Page 2 of 3 " 􀀮􀁾.. PARCEL 6 -ARAPAHO ROAD PROJECT CONTAINING an area of 0.643'0 acres or 2B, OOB square feet of land within the metes recited. All bearings are referenced to the. North Right of Way line of Centurion way, called S B9°51 1 55" E, according to the final plat of Lot 3, Surveyor Addition, recorded in Vol. 77173, Page 135, Deed Records of 􀁄􀁾􀁬􀁬􀁡􀁳􀀠County, Texas. A plat.. of even survey date herewith accompanies this description. I, Ayub R. Sandhu, a Registered Professional Land Surveyor, he'reby certify that the legal description hereon and the accompanying plat represent an actual survey made on the ground ) under my supervision. 􀁾􀁾􀀺􀁾􀀭􀁉􀁉􀀭􀀯􀁾􀀭􀁲􀁬AY\lR: Sandhu, R;P.L.S. Texas Registration No. 2910 Page 3 of 3 ", , R02-079 OCT-01-2002 10:39 COWlES 11. THDi'PSON 2146722020 P.01/03 COWLES &THOMPSON A ProftHlonl1 CUlolorulllin ATTORNEV' AND 􀁃􀀮􀁏􀁎􀁓􀂣􀁾􀁏􀁒􀁓􀀠FACSIMILE COVER PAGE Time: ______Date: October 1. 2002 Total Number of Pages (including this sheet): 3 NormallRush: Normal Client/Matter #: 3305162006 TO: (1) Steve Chutchian FAX: 972.450:2837 FROM: Angela K. Washington Direct Dial #: (214) 672-2144 MESSAGE: RE: Motel 6 -Arapaho Road Project IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL Yolanda Rodriguez at (214) 672·2629 Thankyoll. IMPORTANnCONFIDENTIAL: This message is Intended only for the use of the individual or entity to which it is addressed. This message contains information from the law lirm of Cowles & Thompson which may be privileged. confidential, and exempt from disclosure under applicable law. If the reader of this message Is not the intended recipient or the employee, or agent responsible for delivering the message to the intended recipient. you are hereby notified Ihal any disseminalion. distribution, or copying of this communication Is striCtly prohibited. If you have received this communication In error. please notify us Immediately at our telephone number (214) 672-2000. We will be happy to arrange for the relum of this message to us. via the United Stales Postal Service. at no cos! 10 you. tol MAlH STRnT SUITE 4000 DAlU., TEXU 75202.3193 DALLAS T Y LEA Tft 2U.U2.1000 fAX U4.6U.ZGZG 􀁗􀁗􀁗􀀮􀁴􀁾􀁗􀁉􀁉􀁓􀁔􀁋􀁏􀁍􀁐􀁕􀁎􀀮􀁴􀁏􀁉􀁬􀀠 OCT-01-2l'I02 10:39 COWLES &. THOMPSON 2146722020 P.02/03 9-31i'l-2fi!1il2 9: 05PM FROM 1".:2 89125/2082 • 13:27 9721925972 September 25. 2002 Mr. Ron VVhlteheGd Cily Mlnllger Town of Addison 5300 Belt Line Road Addison, 1X 75001·9010 VIa Fax 1172-450-7043 RE: Motel eAddlaon, 1)( Dear Mr, 􀁖􀁖􀁨􀁾􀁣􀁴􀀺􀀠Pta Mqulred by your June 26, 20tJ2l1t11er, below you wiD find on behalf or t.'IoIeI e a collnw offerfor till .8430 acre. of land and iMpI'OW!IMnt5 01'1 the to be OOI'lWmed by lIle Arapaho fWId vxtension on tile Nolth side of lhe Motel 6 in AddiSOll, TX. PlealSe nole thla COUfIteroffer Is no1 binding lind 'GmaiMeonlll'l$lent upon Ihe approval ofllle Acr:ot EccI'lOm}' lodging Real 􀁾􀁴􀁥& Devetlpment CommIUee. Our (lOurrtet cffBr 18 • follows: A.iD.II; 􀀤􀀳􀀷􀀢􀀧􀀴􀀷􀁾or $13.37 per square foOt (fOr11'1& .84308CMS or 28,0119 sqtJaee feet) a value which is consistent 􀁾the DallaS County Appr;(1SiI1 Df&trlc;ki per sQuare fQQt IlRlMed value gfSi.G89,e!lO for the entire parcel of".97934 iICtlMI (lr 216,900 1Iqlllfll! ,"l ExI8Ilng II!!!)!pYem8!!f; '150,GOO b'!!Itant1imf paymanUor1mbulineu to Mowl 6 and the eeplacement Road PI&/'QIioI'IIO mlnb'lllzlt the 􀁰􀁥􀁾or view Of an "ley waI)' IIC the rear ofthe property that 􀁨􀁾IitIIe ro1b IfAlUI. Variances; All 􀁮􀁾variances grantet.l by8l1d made offeCMI frf:!ll1the Town of Addieon '0 IIUIke !he property compliant wKh 1I11--City and County building. land uee eodes. tile WtaI cCI\If!ter offerJd 517,912 This counter otfer 8UIImN thill\)-819 no addlliO!l" dal\'ll'lgMto U1e MorelS propeny beyond those deaCllDed In tile eity'll 􀁾􀁧􀁬􀁮􀁡􀁬offof and noUfl8d above and further thaI an 􀁾􀁉􀁯􀁬􀁭􀀠draInage and utility II)'atemlJ will be In pllIOIr lit \hit aole expense of the Town of Addbon. A:a \'tV have "OW compIled With me request tor II COlintel' O1fer, please advI8. by what date you require po8IIeS4llon ofthe propelty. plan to mitigllle noiM noiM and dilruPlion 10 the pl'Op1tlt)' during constRtclion and antlcJpatst:! construetlon start rmd complellon dates'WlIhln 100 yards of Iha Motti 6 pmpeJty. Ifyw orthe Mayor wO\IId liI""" MOTEL 6 OPERATING, L.P., ET AL. § DALLASCOUNTY,TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Town of Addison, hereinafter referred to as Plaintiff, having by law the right of eminent domain and power of condemnation, acting herein by and through its duly elected City Council (the "Council"), for and on behalf of the Town of Addison, complaining herein of Motel 6 Operating, L.P.; Motel 6 G.P., Inc.; Georges Le Mener, individually and as officer of Motel 6, G.P., Inc.; and JoJos Restaurants, Inc., hereinafter referred to as Defendants; and for cause of action Plaintiff respectfully represents to the Court as follows: I. The Plaintiff, Town of Addison, a municipal corporation, has determined that the public necessity requires that certain land should be acquired from the Defendants herein. II. The Defendants are owners or claimants of some interest in the property being acquired who have been identified by diligent search by Plaintiff. Their respective addresses for service of process are: Motel 6 Operating, L.P. 14651 Dallas Parkway Suite 500 Dallas, Texas 75254 Motel 6 G.P., Inc. 14651 Dallas Parkway Suite 500 Dallas, Texas 75254 PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Pagel Document., 􀁉􀀰􀀲􀀢􀁾􀀠 Georges Le Mener 14651 Dallas Parkway Suite 500 Dallas, TX 75254 Jojos Restaurants, Inc. 203 E. Main Street P -11-5 Spartanburg, South Carolina 29319-0001 C T Corporation System Registered Agent for Motel 6, Inc. 1601 Elm Street Dallas, Texas 75201 C T Corporation System Registered Agent for JOJ08 Restaurants, Inc. 350 N. St. Paul Street Dallas, Texas 75201 Dallas County, Texas Earl Bullock, County Clerk Records Building, 2nd Floor Dallas, TX 75202 Dallas Independent School District 3700 Ross Avenue Dallas, TX 75204 III. The public purpose of the acquisition is for the construction, relocation and extension of Arapaho Road, a public street in Addison, Texas. IV. The Addison City Council has by resolution determined that a fee simple estate is necessary for the construction, relocation and extension ofthe above-specified new street project. The land to be acquired in fee will be used for such purposes as specified herein. PLAINTIFF'S ORIGINAL PETrrloN IN CONDEMNATION -Page 2 V. Plaintiff is entitled to condemn the fee title in such land for said purposes and asks that it be condemned for such purposes. VI. The fee simple estate being acquired for the street is described in Exhibit A, attached hereto and made a part of this petition for all purposes. VII. Plaintiff would show, that through its duly authorized agents, it made bona fide attempts to purchase the required property from the defendant owners, that Plaintiff offered the fee owner fair market value as compensation for the property to be acquired, including damages to the remainder, if any, and that the parties have been unable to agree upon the sums to be paid for the purchase of this land or damages occasioned by the acquisition of the land and improvements, if any, and asks that special commissioners be appointed as provided by law to assess all amounts due to Defendants for the part taken and damages, ifany. VIII. Plaintiff has named all known record owners of the land to be condemned. Plaintiff reserves the right to to add additional parties ifsuch interests should later appear. IX. On August 27, 2002, the City Council of the Town of Addison passed a resolution declaring that public convenience and necessity require that the property described in Exhibit A be acquired for the public purpose ofconstruction, relocation, and extension of a public street. to wit Arapaho Road. The resolution further authorized the filing of the condemnation suit on behalf of the Plaintiff as provided by law. PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION Page J WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appointed to determine the compensation to be awarded to the Defendants, that a hearing be held after the parties are properly noticed and the Commissioners render an award to be filed with th.e Court, that writ of possession issue to Plaintiff and that upon final trial Plaintiff be awarded a judgment vesting fee simple title to the land described in Exhibit A in the Town of Addison, and that fair market compensation including damages, if any, be awarded to Defendants. Plaintiff further prays for costs of court and for such other and further relief, both general and special, as Plaintiff may be entitled to receive. Respectfully submitted, COWLES & THOMPSON, P.e. 90 I Main Street, Suite 4000 Dallas, Texas 75202 (214) 672-2000 Fax: (214) 672-2020 Ken C. Dippel City Attorney for Town of Addison State Bar No. 05893000 Angela K. Washington Assistant City Attorney for Town of Addison State Bar No. 20897155 LAW OFFICES OF BOYLE & LOWRY, P.C. 􀁂􀁙􀀮􀁾􀁾􀁾-:JJ:;Doug a; • Conner State Bar No. 04694000 430 I Wingren, Suite 108 Irving, Texas 75062 (972) 650-7\ 00 Fax: (972) 650-7105 TRIAL ATTORNEY FOR PLAINTIFF TOWN OF ADDISON, TEXAS PLAINTIFF'S ORIGINAL PETITION IN CONDEMNATION -Pag. 4 􀁾􀁉􀁉􀁉􀀠1024960 EXHIBIT A Parcel 6 cield Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.6430 acre (28,008 squaJ;e foot) tJ;act of land situated in the Edward Cook Survey, Abstract Number 326, Town of Addison, Dallas County, Texas, and being a portion of a called 4.9814 aCJ;e tract of land as conveyed to Motel 6 OpeJ;ating L.P. on cebruary 1, 1990 and recorded in Volume 90024, Page 0779 of the Deed Records of Dallas County, Texas, said called 4.9814 tract being all of the Rodeway Inn, an addition to the Town of Addison, as evidenced by the plat dated January 16, 1981 and recorded in Volume 81052, Page 0775 of said Deed Records, said 0.6430 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas 􀁁􀁲􀁥􀁾􀀠Rapid Transit Property Acquisition Corporation (herein referred to to as DART) on December 27, 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northwest ecorners of said called 4.9814 acre tract and said Rodeway Inn and Northeast corner of a called 3.334 acre tract of land as conveyed to Addison, R.E. on September 15, 1995 and recorded in Volume 95181, Page 03931 of said Deed Records, said called 3.334 acre tract being all of the Iceoplex Addition, an addition to the Town of Addison, as evidenced by the plat dated one September 20, 1995 and recorded in Volume 95210, Page 03012 􀁾􀁦􀀠said Deed Records; THENCE, SOUTH 89°58'49" EAST, along the common proposed North right of way line of Arapaho Road, North line of said called 4.9814 acrE: tract and South right of way line of said DART railroad, a distance of 268.11 feet (said line being called South 88°51'59" East -76.23 feet and South 89'11'14" East 216.99 feet) to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; Exhibit A Page 1 of 3 PARCEL 6 -ARAPAHO ROAD PROJECT THENCE, EASTE:RLY, continuing along said common line and along the arc of said curve to the left having a radius of 2, 91Q. 79 feet, a cent'ral angle of 2°03' 16", a chord bearing North 88°59' 33" East for 104.51 feet, for an arc distance of 104.52 feet (said curve being called North 84°35'23" East 79.73 feet) to a 5/8 inch iron rod set for the common Northeast corner of said called 4.9814 acre tract and Northwest corner 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 said Deed Records, said called 4.1525 acre tract 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; THENCE, SOUTH 00°24'10. EAST (called South 00°27'09" East), departing said common line and along the common E:ast line of said called Q. 9814 acre tract and West line of said called 4.1525 acre tract, a distance of of 80.83 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; . THENCE, NORTH 89°58'49" WEST, departing said common line and along the proposed South right of way of Arapaho Road, a distance of 296.05 feet to a 5/8 inch iron rod set in the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract; THENCE, NORTH 00"31'18" WE:ST (called North 00"28'23" West), departing said line and along the said common West line of said ca+led 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 19.13 feet to a 1/2 inch iron rod found for a common interior ell corner of said called 4.9814 acre tract and the most Easterly Northeast corner of said called 3.334 acre tract; THENCE, SOUTH 89"55'39-WEST (called North 88"51'59" West). along a South line of said called 4.9814 acre tract and a North line of said called 3.334 acre tract, a distance of 75.91 fee: (called 75.60 feet) to a 1/2 inch iron rod found for the common most Westerly Southwest corner of said called 4.9814 acre tract and an interior ell corner of said called 3.334 acre tract; THENCE, NORTH 00"59'43-WEST (called North 01"04'54" West;. along the common West line of said called 4.9814 acre tract anj East line of said called 3.334 acre tract, a distance of 􀀵􀀹􀀮􀁾􀀢􀀺􀀠feet (called 60.10 feet) to the POINT OF BEGINNING; Page 2 of 3 PARCEL 6 -ARAPAHO ROAD PROJECT CONTAINING an area of 0.6430 acres or 28,008 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. 􀁾􀂣􀀮􀁦􀁾􀀯􀁉􀀭􀁬􀁩􀁬􀀭􀁩􀁌A ub R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page 3 of 3 COWLES &THOMPSON A Professional 􀁃􀁾􀁲􀁰􀁯􀁲􀁡􀁴􀁩􀁯􀁲􀁬􀀠 ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.612..2144 􀁁􀁗􀁁􀁓􀁈􀁉􀁎􀁇􀁾􀁀􀁃􀁏􀁗􀁌􀁅􀁓􀁔􀁈􀁏􀁍􀁐􀁓􀁏􀁎􀀮􀁃􀁏􀁍􀀠December 6, 2002 VIA HAND DELIVERY Mr. Mike Murphy Director of Public Works Town of Addison Addison Service Center 16801 Westgrove Drive Addison, TX 75001-5190 RE: Parcel 6 (Motel 6). Arapaho Road Project Dear Mike: Enclosed is your copy of the appraisal performed by Hipes & Associates for the above-referenced property. As discussed with Steve Chutchian earlier today, Ken Dippel and I wi II be contacting you Monday morning to discuss this matter. AKW!yjr Enclosure c(w/o Enclosure): Mr. Steve Chutchian Mr. Kenneth Dippel. City Attorney i 901 MAIN STREff SUITE 4000 DALLAS, TEXAS ;52')2 􀁾􀀬􀀧􀀼􀀮􀁽􀀺􀀺􀀠o ALL A S T v L E R TEL 214.672.2000 FAX 214.672.2020 DocUffient#: 1017761 WWW COWLESTHOMPSON C(}M 'QCT-30-21211212 17:1217 COWLES & THOMPSON 21467221212121 P.12I2/1214 10/selza82 1$:34 9727825972 ACCOR ECONOMY LODGIN PAGE 82 􀁾􀀠AtCOR Accor Economy Lodging 146S1 DoII"1'UI72-l6••6106etober 30, 2002 Mr. Kenneth C. Dippel Cowles & Thompson 901 Main Street Suite 4000 Dallas, TX 􀀱􀀵􀁾􀀰􀀲􀀮􀀳􀀷􀀹􀀳􀀠 Via Fax 214-672-2020 RE: Motel 6 Bnd the Arapaho Road Extension Dear Mr. Dippel: I received YO\lr letter of October 22, 2002 and believe it deserves the follQwlng nsa.ponse. '" ee7fv q If f'-I> ON The first meeting you refer to Willi a general discussion ebout the pllyslcal 41r g( (12,-e-; property owned by MetelS, It was prior to our attempting to undol1>tand the '" i I'f) ::riot MTe' , AcTvAL V.A-TC IS " lVe (j) 2"'2. I did not get iln offer letter 0 June a" your latter refers to. Please provide a eopy of the letter, I did racelll a ummery of Salient Facta and Conclusions or prepared by evaluation Associates dated October 5,2001 (the values thensin 􀁴􀁾􀁾􀁴􀁩􀂣􀀮􀀡􀀺􀁶􀀢􀀧􀁾􀁳􀁨􀁯􀁵􀁬􀁤􀀠no longer be relevant due to age) prior to May 29, 2002. I know thi$ as I responded to It lila II letter on May 29, 2002 dlreQtly to the source one Mr, Patrlok J. Haggerty. I should emphellll:e the Summary of Salient Facts and Conclusions prepared by Evaluation Associates Is the only value Indicator I have seen from the Town Of fddlson and it is neither an offer or an appraisal.'l/' ye.s ITe; I 1es. Prior t Ell July 17 letter you reference, I received iI letier from Roo Whitehead date une 2 hat you do not reference. This letler request I respond to the city's 0 er. I then had telephone conversations with Mr, Murphy reminding him of 􀀭􀀭􀀺􀁾􀁴􀁨􀁾􀁬􀁉􀁮􀁍􀀡􀁩􀁡􀁩􀁪􀁪􀁙􀁾􀀲􀁩􀁴􀀹􀁾􀁬􀁥􀀻􀁴􀁴􀀻􀁥􀁲􀁤􀀻􀁡􀀻􀁮􀀻􀀻􀁤􀁾􀁨􀁩􀁥􀀰􀁮􀁗􀁾􀁩􀁦􀁦􀁩􀁴􀀵􀁾􀁣􀁯􀁾􀁮􀁾􀁾􀁡􀀢� �􀁾􀁥􀁘􀁲􀁥􀁾􀁮􀁾􀁬􀁯􀁴􀀠responded to in any way jn the /' etter nor had I ac\u"lIy received an offer from the TQWn' of Adcf .' -urther if (he Town of Addison was not going to addreu my -ems In the May 29 letter. I dld not know what to do put if going to court was the only option for an equitable solUtion, Motel e had no other <:hoice. It was In OCT-30-2002 17:07 COWLES & THOMPSON 2146722020 P.03/04 􀁬􀁡􀀯􀀳􀁾􀀯􀀲􀁾􀀶􀀲􀀠16:34 􀀹􀀷􀀲􀀷􀁡􀀲􀀵􀁾􀀷􀀲􀀠ACCOR ECONOMY LODG!N PAGE 63 these conversatlons that, Mr. Murphy advised me the Summary of Saliant Facts and Conclusions was my offer from the Town of Addison. I do not have the dates of these phone convers!llions. The July 17 letter you reference advised me the Staff wculd be making its recommendation to 'no City Council. It asked for me to provide a counter offer. I saw no value in a counler offer at thlll point as my concerns from the May 29 letter had still not been reaponded to by the City of Addison. This July 17 lelier goes so far as stating an Intent to amicably negotiate all right of way acquisitions. but again, the Town of Addison had nol yet responded to Motel 6'$ concerns In the t1forementloned May 29 letter. I believe this is very necessary For an amicable solution. The August 81e\t!;lryou reference solicited considering any counter-offer proposal MotelS may have. The fact is the concern!! of Ine May 2Q were still not 11-\? 􀀶􀀱􀁶􀁾􀀠responded to by the Town of Addison so I saw no value in writing a counter offer """'11""""'£ 11? when the Town of Addison was still not responding my letter of May 29. fe FG1?{'􀀢􀀢􀁾􀀠71/! The September 17,2002 leHeryou re1\:trsnoe was to advise me that the Town of Ar'1Y.?.tN. Addison had decided 10 condemn Motel 6's property. Further tnat if I wanted to accept thti Original value In the aforementioned Summary of Salient Facts and Conclusions I should let Mr. Whitehead know by September 27, 2002 to avoid litigation. In what I hoped to be a last ditch affon to avoid the courts, I responded with a counter offer you reference dated September 25, 2002 that I slill believe is fair and equitable. --􀁾􀀠Iv+ee, As""-:P F 111? /I ,j;-G'7,1 'fno«.; 'vHl t:ff IS. liz3S-.; 177 17 ve Iii? C; ,I :Zi?z..S(Fr, ... 1'1 Pf';el'}rje tI IrAC-tre "F Additionally, my poslUon has never been that I cannot get my arms around the .II .3;3.i.l1 7t?s-Town of Addison's offer BO we ,hould go go to court. It ha!!> been that the Town of '/Addison has not responded to my ooncerrls in the May 29, 2002 letter, has never provided me with a formal appraisal of Motel 6's damages Of offer other than in (»> l5 ---,. the form of Summary of Salient Facts and Conclusions. Further if we had 10 go Wit 􀁦􀁡􀁥􀁾􀀠to court for an equitable solution for Motel (I, this would be at the Insistence of the ItPfI?AfJ"tt. lown ofAddison, not Motele. You mUllt also note It is not my preferred option to II"'''',,;f go to court but it appGlars Ir may be our only option to have our concerns addressed. I did not request the right to attend the August 27,2002 Council Meeting as it is my right without raque,t. My reason for not attending Is not relevant. If the town chooses to not respond to my coneems and puts this in the hands of Ihe courts, thattoo would be another aclion by the Town of Addison that Is beyond my oontrel end I wouldn't unden;tand. Additionally, your letter states that my letter of September:l5 states that I believe MOlel6 is entitled to $667,97 II 100 not accurate. My letter clear states the Total Countsr Offar Is !SS7,972 I remain very open to discussing the i.e-Hr€ -1/I .P 114<: "TO"""'" J71SW$ fit) OCT-30-2002 17:07 COWLES & THOMPSON 2146722020 P.04/04 10/38/2662 16:34 9727625972 ACCOR ECONOMY LODGIN PAGE 64 course of Elvents, Impact to the Motel 6 property dUll to the extensIon of Arapaho Road and the value thereof with you. the Mayor Of your de$lgnatell. I can be reEiched at 1)72·702-6623. R ndy sa Vice President Real Estate & Development TOTAL P.04 OCT-30-2002 17:07 COWLES & THOMPSON 2146722020 P.01/04 COWLES &THOMPSON ATTORNEYS AND COUNSELORS FACSIMILE COVER PAGE Time: ______Date: October 30. 2002 Total Number of Pages (including this sheet): 4 Normal/Rush: Normal ClienflMatter #: 3305162006 TO: (1) Ron Whitehead FAX: 972.450.7043 (2) Mike Murphy FAX: 972.450.2837 FROM: John M. Hill Direct Dial #: (214) 672-2170 MESSAGE: This was received today. IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL OUR SERVICE CENTER AT (214) 672·2508 or Yolanda Rodriguez at (214) 672-2629 Thank you. IMPORTANTICONFIDENTIAL: This message Is intended only for the use of Ihe individual or entily 10 Which It Is addressed. This message contains Information from the law firm of Cowles 80 Thompson which may be privileged. confidential. and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee, or agent responsible for delivering the message to the intended reCipient, you are hereby notified that any dissemination, distribution. or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us Immediately at our telephone number (214) 672·2000. We will be happy to arrange for th.a I"Dh lP"n n/lhit:: t'I"U::I,oC!!!I..,a tt'l I.e:: UlO tho' I"""grl 􀁾􀁴􀀮􀀬􀁴􀀢􀀢􀀢􀁃􀀧􀀠􀁑􀁮􀁬􀀺􀀧􀁾􀀮􀀮􀀬􀀮􀀱􀀠C:"""...ul..... at no cost to you. D ALL A S T Y L E R II OCT-30-2002 17:07 COWLES & THOMPSON 2146722020 P.02/04 􀁬􀁡􀀯􀀳􀁾􀀯􀀲􀁾􀀶􀀲􀀠16:34 9727625912 ACCOR ECONOMY 􀁾􀁏􀁄􀁇􀁉􀁎􀀠PAGE El2 􀁾􀀠 A<:COR Actor Bconomy Lodging 14IlS I DoIIu I'UI\WOY. 3tc 5QO DW.., Tlt 15254 1ell 972.350-6160ctober 30. 2002 Mr, Kanneth C. Dippel Cowles &Thompson 901 Main Street Suite 4000 Dallas, TX 75202·3193 Via Fax 214-672-2020 RE: Motel 6 and the Arapaho Road Extension Dear Mr. Dippel; I received YQllr f,,"er of October 22. 2002 and believE! it deselVes the following response. The first maeling you refer to wa.e ageneral di$cusslon about tile physical property owned by Motel 6, It was prior to our attempting to l.mdeflltand the impact to Ihe property for the planned I!Ixtanl3ion to Arapaho Road_ There waA no significant discussion at this meeting regards the taking, lIs Impact to the property or the economic consideration that would be paid to MQtel6 therefore. I had no meeting with a Town reprE!8entalive on May 1 as your letter statss. Please advise with whom and whllre we mel. mel. I did not get an offer letter on June 6 all your letter refers to. Please proyide II copy of the letter. I did receive a Summilry of Salient Facts and Conclusion!! prepared by evaluation Associates dated October 5, 2001 (the values therein should no longer be relevant due to age) prior 10 May 29, 2002. Iknow this as I relOponded to It via a letter on May 29, 2002 dlreotly to the saures one Mr. Patrick J, Haggerty, I should emphllsile the Summary of Salient Facts and Conclusions prepared by EValuation Associates Is the only value IndIcator I have seen from Ihe Town of Addison and ii is neither an clTer or an appraisal. Prior to the July 17 letter you reference, I received it lett .. r from ROil Whitehead dated June 26 thaI you do not reference. This fetler request I respond to the city's offer. I then had telephone conversations with Mr, Murphy reminding him of the May 29 letter and how ils concerns were not responded to in any way in the aforementJoned June 28 letter nor had I actually received an offer from the Town of Addison, Further lithe Town of Addison was not going to addren my concems In the May 29 letter. I did not know what to do but if going to court was the only option for an equitable sclulien. Motel EI had no other choice. It was in OCT-38-20a2 17:87 COWLES & THOMPSON 2146722828 P.83/84 loi36/2S92 16:34 9727925S72 ACCOR ECONOMY 􀁾􀁏􀁄􀁾􀁴􀁎􀀠PAGE ea these conversations that. Mr. Murphy advised me the Summary of Saliant Facts and Conclusions WliIll my offer from the Town ofAddison. I do not have the dates of these phone conversations. The July 17 latter you reference advised me the Staff would be making its recommendation to the City Council. It asked for me to provide a counter offer. saw no value in il counter offer at this point as my concerns from the Ma.y 29 letter had still not been responded to by the City of Addison. Thill July 17 letter goes so far as Ilating an Intent to amicably negotiate all right of way acquisitions. but again, the Town of Addison had not yet responded 10 Motel 6's ooncerns In the aforementIoned May 29 letter. I beJieve thill ill very necessary For an amicable solution. The August aletter you reference solicited considering any counter-offer proposal Motel S may have, The fact is the concerns of the May 29 were still not responded to by the Town of Addison so I saw no value jn writing II counter offer when the Town ofAddison was still not responding my letter of May 29. The September 17, 20021etleryou reference was to advise me that the Town of Addison had deoided to condemn Motel e's property. Further that if I wanted to accept the original value In tha aforementioned Summary of Salient Facts and Conclusions I Should let Mr. Whjtlilh$ad know by September 27. 2002 to avoid litigation. In what I hoped to be a Iallt ditch effort to avoid the courts, I respondad with a counter offer you reference dated September 25, 2002 that I still bellave is fair and equitable, Additionally, my position has never been that I cannol get my arms around the Town of Addison's offer so wa should go to court. It has been that the Town of Addison has not respondfild to my concerns in the May 29, 2002 letter, has never provIded me with a formal appraisal of Motel 6's damages or offer other than in the form of Summary of Slilient Facts Facts and ConclUsions. Further if we had to go to court for an equitable solution for Motele!, this would be at the Insistence of lI1e Town ofAddieon, not MOlele, You must aleo note it is not my preferred option to go to court but it 􀁡􀁰􀁰􀁾􀁡􀁲􀁳􀀠It may be our only oplion to have our concerns addressed. I did not requellt the right to attand the August 27,2002 Council Meeting as it is my right without request. My reason for not attending Is not relevant. If the town chooses to not respond to my concems and puts this in the hands of the COUrt5. thaI too would be another action by the Town of Addison that Is blilyond my oontrol end I wouldn't undernand. Additionally, your letter statElS that my letter of September 26 states thaI I believe Motele is: entitJed to $667.972 and thIs too not accurate. My fetter clear statel the Total Counter Offer Is $1567,972. I remain very open 10 dlseussing Ihe OCT-30-2002 17:07 COWLES & THOMPSON 2146722020 P.B4/04 10/38/2662 t6:34 9727625972 ACCOR ECONOMY LODGIN PAGE 04 course of events, Impact to the Motele property due to the extension of Arapaho Road and the value thereof with you, the Mayor or your designates. I can be reached at 972·702..eS23. R ndy as Vice President Real Estato & Development TOTAL P.El4 91/89/2893 15:27 9727025972 ACCQR ECONOMV LODGIN PAGE ell Actor North America 14861 Dallas Parkway Su;\.500 Dallas, TX 15254 TO: Company: FROM: \ Phone: 9.,:;1-1.0 􀁾􀂷􀁬􀀮􀁡􀁴􀁤􀀧􀀡􀁯􀀠Fax: __􀁾􀁱􀁾􀀩􀁾􀁾􀁾􀀮􀁾􀂣􀁾􀁬􀁶􀁌􀂷􀁾􀁾􀁾􀁾􀁾􀀶􀁾􀀵􀁌􀀭________ o Uf!lsnl o For ".vlow o Pl•••• Cammont RE; No/sslCommanls: FAX TRANSMITTAL DATE: TIME: NO. PAGES; (including cover sheet) o PI•••e Reply o Plea•• Recycle ihe-Information contained In this facsimile Iransmisalon 1$ confidential and is intended lolely fot tile use of the individual or entity named above. If you are nof thrt rntentte-d recipient, you are hereby notffied that any disolosure. copying, distributiOl1. ot taking BOY action in reliance on the cont6n!fl of lhis facsimile (l'lIlli-mission i1J stridly pfohibited Bnd may violate <1ppllt:.abla law. ' If yO\l nave received this. facslmllo it!: 6ffOf. plas,e notify sender lmmedl:ately by t.16phot'lslo a,trlll"1ge for the f"Stutn of the ori9fnal transmission to this COmpany. Sofilel Novotel Ibl$ Red Roof Inns Inns MotelS Studio 6 01/09/2063 15:27 9727825972 ACCOR ECONOMY LODGIN PAGE 02 Acc:or Nonh Ameriltil 14651 0.11 .. parkway Suite 500 0 .. 11 .... TX 75254 􀁾􀀠Ai::COR January 9. 2003 Mr. Michael Murphy. P.E. Director of Public Works Town of Addison 16801 Westgrove Addison. TX 75001-9010 Via Fax 972-450-2837 RE: Motel 6 I Arapaho Road Dear Michael: Thank you for sharing the Town of Addison's Appraisal of Motel6's damages as a result of the extension of Arapaho Road. I am responding to your letter of December 20, 2002 and our concerns in general about the project. We do not accept a reduced value ($7 per square foot) of the property that is encumbered by the water line easement. Your appraisers comparable values and the Dallas County Appraisals District assessed value support $14 per square foot for the entire parcel value. not Just that area that is not encumbered by easements. The appraisers camps would surely have easements thereon as well. Ifs worth noting that the waterline is in an area typically un-buildable due to setbacks setbacks as well. We request you add to your offer $7 per $quare foot I $ 39,130 for a total consideration for the land of $ 392,112. I believe the Town ofAddison should provide Motel 6 the funds to replace the lighting to its reasonable standard once the existing lighting is removed as part of this project. We have estimated this to be and request you add to your offer $ 19,500 for this. For the purposes of ease and settlement we will aocept the appraisers depreciated value for the tennis courts (concrete and fencing). We'll also agree to allow the Town of Addison to repair and replace landscaping and irrigation for damages caused by this project in a side agreement as long as we have reasonable approval of all plans and its done in a timely manner. Sofile! Novotel Ibis Red Roof Inn5 Motel 6 Studio 6 01/09/2003 15:27 9727025972 ACCOR ECONOMY LODGIN PAGE 03 However, we believe the following two items are reasonable in request and simply accommodated by the Town of Addison: 1. The Town of Addison to issue the necessary permits now for similar signage on the back of the property as we have on Beltline road. I don't want to project to the community via the Arapaho Road frontage an alleyl backyard view. We will pay for the sign we install. 2. The Town of Addison's City Council re-certify the PD for the property post construction of the Arapaho Road Improvements. It is not reasonable in my opinion to have at risk this issue in the future as it potentially makes the property non conforming and therefore less salable and more difficult to finance. We are convinced that this Motel 6 is permanently damaged by the Installation of Arapaho Road. The traffic and Its noise Immediately adjacent to a significant number of our guest -rooms will render those rooms less desirable and likely un-marketable in the future .. We request you add to your offer $100,000 for a one-time payment for this loss of business value. We would appreciate receiving a copy of the noise impact study conducted on the property. In closing, I remain confident that the above is reasonable and that economic consideration not to include repClirs made by the Town of . Addison should be $571,874 from your appraisal and my input above. I remClin Clvailable to talk to you or others within the Town of Addison with reasonable notice. It is understood that this is an offer to seUie the matter in dispute. The parties agree that this letter or its contents shall not be used by either party in the event of litigation.· Randy Lee Vice President Real Estate & Development. 214.672..2144 􀁾􀀵􀁤􀀠 COWLES &THOMPSON A Professional CQrporation􀁾􀁍􀁪􀀯􀀠1978·2003 ATTORNEYS AND COUNSELORS A,kOEI.-A K. WA.SHINGtoN AWASHINGTON@CQWLESTHOMPSON.COM January 24, 2003 Mr. Mike Murphy Director of Public Works Town of Addison Addison Service Center ! 680! West grove Drive Addison, TX 75001·5190 RE: Parcel 6 (Motel 6), Arapabo Road Project Dear Mike: Enclosed is a copy of the Petition in Condemnation for the above-referenced property which was filed Tuesday, January 21, 2003. The case has been assigned to County Court at Law No.2. Commissioners have not yet been appointed. We will keep you apprised regarding this matter. Sincerely, /v-v-C JI. 􀁾􀁖􀀭􀀭􀀭􀀭􀀭􀀭AngelaK. Washington V 􀁾􀀭􀀯􀁃􀀷􀀠AKW/yjr Enclosure c(w/o Enclosure): Mr. Steve Chutchian Mr. Kenneth Dippel, City Attorney OM ( The IIrst meeting you refer to WQ$ a general discussion about the pllyslcal +IUflo2.-e-; iproperty owned by MotelE!. Itwas pnorto our attempting to understand the M 11, 4S7"f<-e impact to the property for the planned extension to Arapaho Road. There was no significant discussion at this meeting regards the taking. its Impaet to the property orThe economic consideration that would be paid to Motel 6 therefore. o.,....eT< .....eT ... /􀁾I had no meeting with a Town reprEisentative on May 1 as your letter IiltatS8.p.AT 1t.4 {if f'J?Tf 2Please advise with whom and where we mel. " '''' 7l1t!> PA Tf , )k:TV:>4L O,A-TC IS ::JV,ye 0) 2aJ2. I did not get an offer letter 0 June. liS your letter refers to, Please provide II copy of the letter. I dId Mee \I ill umm..-ry of Sallen! Facts and ConclUsions :r prepared by Evaluation Associates dated October 5, 2001 (the values 􀁾􀁨􀁥􀁲􀁥􀁩􀁮􀀠􀁉􀁬􀀧􀁬􀁚􀁡􀁾􀁶􀀮􀁥􀁾􀁳􀁨􀁯􀁵􀁬􀁤􀀠no longer be relevanl due to age) prior to May 29, 2002. I know this as I rSilponcled to Ilvla a letter on May 29. 2002 directly to the source one Mr, Patrick . J. Haggerty. I should emphasize the Summary of Salient Facts and Conclusions prepared by Evaluation Associates Is the only value Indicator I have lIeen from The Town of fddlaon lind it is neither lin offer or an appraisal...,. yes ITa: I ifS, Prior t the July 17 letter you reference, I received iii letter from Ron Whitehead date une 2 hat you do not reference. This h"Uer request I respond to the city's er. I then had telephone convefSations with Mr. Murphy reminding him of the May 29 letter and how its concerns were not reJ!ponded to in any Way in the ~ 􀁾􀁴􀁬􀁮􀁥􀀭􀀲􀀶􀁔􀁥􀁴􀁴􀁥􀁲nor had I actually received 311 olrer fmm the W • .m' 􀁯􀁾􀁾􀁾􀀮􀀽􀁬􀀽􀁵􀁲􀁴􀁨􀁥􀁲􀀠if the Town of Addison was not going to addresl my ems In the May 29 letter. I did not know what to do put if going to court wasr I the only option for an eqUitable solution. Motel ehad no other <:hoice. It was in OCT-30-2002 17:07 COWLES & THOMPSON 2146722020 P.03/04 􀀱􀁥􀀯􀀳􀀶􀀨􀀲􀁾􀁥􀀲􀀠16:34 􀁾􀀷􀀲􀀷􀁥􀀲􀁓􀀹􀀷􀀲􀀠ACCOR ECONOMY 􀁾􀁏􀁄􀁇􀀡􀁎􀀠PAGE 83 TIe 􀁾􀀱􀁶􀁕􀀴􀀮􀀮􀀠C","'11 􀀧􀁖􀀭􀀭􀁥􀁾􀀠11:1 􀁾􀀠R:."'<.'N/:( Ar4y Lff-4. 􀁌􀁥􀀫􀁾􀀠-(liP W: (1Jt: -rt>tv,..,. mU?$ 11t5 c... 􀀼􀀢􀂣􀀮􂂬􀀬􀁥􀁾􀀠u( HI"'1 7 (ft.l '5 ---.. 􀁾􀁖􀀱􀀡􀀡􀀠Fto\? Mt... ;tf'f#A154L ,Ii"'""""" these conversatJons that. Mr. Murphy advised me the Summary of Salient Facts and Conclusions WiJlI my offer from the Town ofAddison. I do not have the dales of thelle phone conversations. The July 17 latter you reference advised me the Staff would be making its recommendation to the City Council. It asked for me to provide a counter offer. saw no value in B counler offer al this point as my concerns from the May 2.9 lett@r had still not been responded to by the City of Addison, This July 17 letter goes so far as 5tating an Inlent to amicably negotiate all right of way acquisitions, but again, the Town of Addison had not yet responded 10 Motel 6's concerns In the aforementioned May 29 letter, I believe this is very necessary for an amicable solution. The August aletter you reference solicited considering any counter-offer proposal Motel IS may have. The fact is the concerns of the May 􀀲􀁾􀀠were still not responded to by the Town of Addison so I saw no value jn writing II counter offer when the Town of Addison was still not responding my letter of May 29. The September 17, 2002 letter you rei'arBnce was to advise me that the Town of Addison had decided to condemn MotelS's property. Further that if I wanted to accept the onglnal valu! In the aforementioned Summary of Salient Facts and Conclusions I should let Mr. Whitehead know by Septembar 27. 2002 to avoid litigation. In what I hoped to be a last ditch effort to avoid the courts, I responded with a counter offer you reference dated September 25, 2002 that I still believe is falrandequilable, -􀀶􀀱􀁶􀁾􀀠A$,iZp Flit!. It j;"G7;'f71.,) /.v/ttCf/-IS. '(Z3S",)177 OVER c.; If ;Z"'.z..8(FT.... I'l PP,eAIJe!J IrAL.t-e "f:: Additionally, my position has never been that I cannot get my arms around t/1e 11 .:l3 􀁾􀀠N.r Town of Addison's offer so we should go to court. It has been that the Town of '.l Addison has not responded to my concerns in the May 29, 2002. leiter, has; never provided me with a formal appraisal of Motel 6's damages or offer other than in the form of Summary of Salient Facts and Conclusions. Further if we had to go to court for an equitable solution for MotelS, this would be at the Insistence of the 'Town of Addleon, not Motel e, You must also note It is not my preferf'8d QPtion to go to court but it 􀁡􀁰􀁰􀁜􀁬􀀩􀁡􀁲􀁾􀀠It may be our only oplion to have our concerns addressed. I did not rsquelll the right to attend the August 27, 2002 Council Meeting as it is my right without requtols!. My reason for not attending Is not relevant. If the town chooses to not respond 10 my concerns and puts this in the hands of the courts. lhat too WOUld be another action by the Town of Addison that Is 􀁢􀁾􀁹􀁯􀁮􀁤􀀠my oontrol and I wouldn't 􀁵􀁮􀁤􀀮􀁾􀁡􀁮􀁤􀀮􀀠Additionally, your hitter statal! that my letter of September 2S states that I believe MOlel 6 is entitled to $667,97 II 100 not accurate. My letter clear states the Total Countsr Offer Ie 1167,972 I remain very open to discussing the OCT-30-2002 17:07 COWLES & THOMPSON 2146722020 P.04/04 18/38/2882 16:34 9727825972 AGGOR ECONOMY LODGIN PAGE 84 Gourse of events, Impact to the Motel 6 property dUB to the extenBlon of Arapaho Road and !hI;! value thereof with you, the Mayor or your designates. I can be reached at 972·702·9923. R ndy ea Vice President Real Estate & Development TOTAL P.04 COWLES &THOMPSON A Professional Corporation ATTORNEYS ANO COUNSELORS ANGELA K. WASHINGTON 214.6122144 AWASHINGTON@COWLESTHOMPSON.COM December 6, 2002 VIA HAND DELIVERY Mr. Mike Murphy Director of Public Works Town of Addison Addison Service Center 16801 Westgrove Drive Addison, TX 75001-5190 RE: Parcel 6 (Motel 6), Arapaho Road Project Dear Mike: Enclosed is your copy of the appraisal performed by Hipes & Associates for the above-referenced property. As discussed with Steve Chutchian earlier today, Ken Dippel and I will be contacting you Monday morning to discuss this matter. AKW/yjr Enclosure c( w I0 Encl osure ): Mr. Steve Chutchian Mr. Kenneth Dippel, City Attorney '901 MAHJ STREET SUITE 4000 DALLAS, TEXAS 􀀷􀀵􀀲􀀰􀀲􀁾􀀳􀀷􀀹􀀳􀀠o ALL A S. T Y L Docllffient#: 1017761 D«Iur\¢jj( It. 1031199 E R TEL 214.672.2000 FAX 214.672 WWW.COWLESTHOMPSON COM 2020 Steve Chutchian From: Michael Murphy Sent: Friday, December 20, 2002 1:52 PM To: Steve Ch utchian Subject: FW: MotelS Steve, Please take the responses provided by Hipes and those concerns provided by Randy Lee and draft a response letter to Mr. Lee addressing each of his concerns. I know its late but I would like to get the response in the mail before we leave for the holidays .....thanks -----Original Message----From: Washington, Angela [mai1to:awashington@cowlesthompson.com] Sent: Friday, December 20, 2002 11:39 AM To: tmmurphy@ci.addison.tx.us' Cc: Steve Chutchian (E-mail); DIPPEL, KEN Subject' Motel 6 Mike I discussed the issues raised by Motel 6 with Mark Hipes. His responses are as follows: 1. Does no agree with "reduced value" of land encumbered by the DWU water main easement. According to Hipes, the easement reduces the value because Motel 6 does not have the ability to use that area, as it cannot develop within the easement or if it does develop, the improvements can be removed by the City of Dallas. 2. Does not agree with the $3.00/sq. ft value for concrete. Hipes says he based it on the depreciated value of the concrete that is there. (Take current cost for concrete and value down based on condition of the concrete that exists) 􀀳􀁾􀀠No compensation given for loss of tennis courts. This was accounted for by the compensation included for the materials in the tennis court (concrete and 􀁦􀁥􀁮􀁣􀁩􀁮􀁧􀁽􀁾􀀠4. No compensation given for removal of perimeter lights and light poles. Hipes did not remember these, but they are there (I checked). I have had a follow-up consultation with Hipes and he has confirmed that he did not account for these in the appraisal. He says the value would range between 750 and 1500 each depending on the type used. 5. No compensation given for damage to existing landscaping and irrigation. Compensation not given because the Town will replace any landscaping and irrigation removed. (In addition, he says there is not much there). 1 Steve Chutchian From: Michael Murphy Sent: Thursday, December 12, 20024:36 PM To: Jim Pierce; Steve Chutchian Subject: FW: Motel 6 response Guys, Please look over and lets discuss on Monday. Thanks --Original Message--·From: Michael Murphy Sent: Thursday, December 12, 2002 4;35 PM To: Cowles 8. ThOmpson (E-mail) Subject: Motel 6 response John, Ken, Below are questions that Randy Lee, with Motel 6, raised regarding the "new" appraisal prepared by Mark Hypes, during our phone conversation on Dec. 12th, 2002. He would like for our appraiser to provide answers to the following: 1. Does not agree with "reduced value" of land encumbered by the DWU water main easement. (wants clarification) 2. Does not agree with the $3.00/sq. ft value for concrete. (wants clarification) 3. No compensation given for loss of tennis courts. (wants clarification) 4. No compensation given for removal of perimeter lights and light poles. (wants clarification) 5. No compensation given for damage to existing landscape and irrigation. (wants clarification) 6. Want signage for Arapaho side of property. (wants clarification) 7. When site was developed it was classified as a "Planned Development", he wants the Towns assurance that his property will maintain that designation once the Roadway has been completed. Items 4-6 can be addressed by my staff, because all of these should be covered In or as part of our construotlon process. Please review and let me know what you think. 􀁾􀀠Michael E. Murphy, PE Director of Public Works (972) 450-2878 Work (214) 215-5280 Mobile (972) 450-2837 Fax E-Mail: mmurphy@ci.addisol1.tx.US 1 1 " .' " Sign Height -Maximum (feet) LetterlLogo Height .. (inches) 0-36 16 37--48 36 49--100 48 101--150 60 ·151 and up 72 a, letter heights in excess of 72 inches must be approved by the city council, b. Not more than 50 percent of the letters in each individual sign height category may be 25 percent taller than the specified maximum letter/logo height. (6) Copy on awnings is allowed in accordanCe with the above regulations for area and letter height. For back-lit awnings, the area of the sign shall be based on the area of the awning that is back-lit or illuminated, . (Code 1982, § 14-33) Sec. 62-164. Window signs. (a) Signs in windows facing public rights-of-way are limited to ten percent of the window area per facade. (b) The outlining of a window on two or,more of any 􀁳􀁩􀁤􀁾􀁳􀀠with lighting, luminescent gaseous tubing,or by any similar means shall constitute 100 percent of the tolal window area as a sign .. (Code 1982, § 14-34) Secs. 62-165·-62-180. Reserved. DIVISION 4. DETACHED SIGNS Sec. 62-181. Generally. > • •" 1 , ' Detached signs are permitted in business zoning districts as provided in this division, . • (Code 1982, § 14-41) S,ec. 62·,182. Premises signs. , Detached signs must be premises signs only. Off-premises signs are prohibited. (Code 1982, § 14-42) Sec. 62·183. Number of sighS. Only one detached sign of any type may be erected on any premises except that: (1 ) Premises'which have more than 450 feet of property frontage along the public way, other than an alley, may have not more than one additional detached sign for each additional 300 feet of frontage. " (2) Any premises with frontage along more than one public way may have a permanent detached sign along each public way provided that each frontage way is at least 300 feet in length. (3) All permanent detached signs must be no closer than 150 feet apart, with no twQ detactJedsigns of any type being closer than 50 feet apart. ' (4) Signs within the visibility triangle at all 􀁩􀁮􀁴􀁥􀁾􀁥􀁣􀁴􀁩􀁯􀁮􀁳􀀻􀀠which include that portion of public right-of-way, any corner lot within the adjacent curblines , and a diagonai line intersecting such curblines at points 35 feef back from their intersection, are prohibited. (Code 1982, § 1.4-43) Sec. 62·184. Setback, effective area and height. A minimum setback of ten feet is required of all detached signs. A minimum setback of 15 feet from the back of the curb of the public street is required for signs exceeding ten square feet in effective area or ten feet in height. A minimum setback of 20 feet is required for all signs exceeding 20 square feet in effective area or 15 feet in height.' , , (Code 1982, § 14-44) Sec. 62·185. Specifications. Both single-tenant and multilenant pole signs shall be allowed and shall be govemed by the design standards and regulations as set forth in this section. (1) Single-tenant pole signs must be exactly 36 square feet in effective area and must be exactly 20 feet in height measured from ground elevation to the top of the sign. (2) . Multilenant pole signs must be exactly 72 square feet in effective area and must be 􀁥􀁸􀁡􀁣􀁴􀁬􀁾􀀠20 feet in height measured from ground elevation to , . the top of the signs. No single-tenant shall occupy more than 36 square feet Of sign area oh a multi-tenan! sign. (3) Design standards shall be as follows: a. Sign supports: 8" X 8" structural steel tubing. Structural steel tubing shall be installed in accordance with Figure 62-18QAfor single-tenant signs and 62':185B for muiti-tenant signs.. ... . b. Sign cabinet: Paint grip sheet metal on angle iron frame with angle retaining rim to secure sign face. 1. Single-tenant sign cabinet dimensions: 6'10" wide X 5'10" high X 12" deep. 2. Multitenant sign cabinet dimensions: 6'10· wide X 11 '6" high X 12" deep. c. Sign face: plastic sheet; d. Sign finish: Degrease, prime, and finish coat all exposed metal surfaces as required. e. Sign support and cabinet color: Pentone 404(c). Painted surfaces are to match special color; color swatch will be provided by the town. Color number: Pantone #404(c) f. Internal illumination: Internal illumination provided by fluorescent lamps spaced no further than 12 inches on center. go' Overall sign height: All signs are t6 be 20 feet In height. (Code 1982, § 14-45) Sec. 62-186. Monument signs. Monument signs must be built on a monument base as opposed to a pole base , with no separation between'the base of the sign and natural grade. A monument sign contains only the name, logo, address and product or service of the establishment. No advertising or promotional informallon is permitted thereon. Such sign may be single-or double-faced. Such signs with base shall not exceed six (6) feet in overall height above the natural or average grade and the actual sign face shall no! exceed forty-eight (48) square feet In area per side. Plastic faces may be used on monument signs provided only the letters, numbers or lego elements emit light. The monument sign shall be . located on site and a mininium oftwenty (20) feetfromthe back of the curb .. (Code 1982, § 14-46) Sec. 62-187. Multifamily premises. Multifamily premises may have detached signs subject to the following restriction regarding the number of signs. Each premises may have not more than one detached premises sign, provided, however, that premises with more than 750 feet of frontage along a public way, other than an alley, may-have no! more than one additional detached sign for each 500 feet of additional frontage. (Code 1982, § 14-47) ." ..􀁾􀀠 .' . Figure 62-185f\ • .􀁒􀁅􀁓􀁔􀁁􀁕􀁒􀁁􀁾􀁔􀀠• .' .. . ,", . , LIQUOR. ' . BEER" ;. " . ,,, 'I: Town of Addison Code of Ordinances. Chapter62 R01·092 . OFFICE OF THE CITY SECRETARY COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASH1NGTON 21U72.2144 AWASHINGTON@COWLESTHOMPSON,COM April 29, 2003 Ms. Connie Jones Court Administrator County Court At Law No.2 509 Main St., Suite 311 Dallas, TX 75202-5755 RE: Town ofAddison v. Motel 6 Operating, L.P., (It al. Cause No. 03-00711-B in tbe County Court at Law No.2, Dallas Co., Texas Dear Ms. Jones: Enclosed are letters from Special Connnissioners Joe Coerver and Larry Phillips regarding the hours that they served in the above-referenced case. Connnissioner Don Daniel has informed me that he served eight (8) hours. Please let me know if you need any further information or if I need to provide you with a formal document for filing with the Court. Sincerely, 􀁾􀀮􀀡􀁯􀁯􀁲􀁱􀁾􀀠AKW/yjr Enclosures c(w/o Enclosures): Mr. Steve Chutchian Mr. Doug Conner Mr. Ken C. Dippel, w/firm • 1301 MAJN STREET SUJTE 4000 DALLAS, TEXAS 75202·3793 DALLAS T Y L E R iEl214.672.2000 FAX 214.672.2020 wWW.COWLE5THOMPSON.COM WestgroVt December 20, 2002 Mr, Randy Lee Vice President Accor Economy Lodging 14651 Dallas Parkway, Ste 500 Dallas, Texas 75254 Re: Arapaho Rd, Appraisal Response Motel 6 Dear Mr, Lee: You expressed several concems during our discussion on December 12, 2002, regarding the Town's latest appraisal by Mr, Mark Hipes, A response to each item is indicated below: a. -Regarding the "reduced value" ofland encumbered by the DWU water main easement: the appraiser stated that the easement reduces the value because Motel 6 does not have the ability to use that area, Motel 6 carmot develop within the easement without risking removal of such improvements by the City ofDallas, b, Regarding the $3,00/s,f value ofconcrete: the appraiser based it on the depreciated value ofthe concrete that is in place, This depreciation was based on the condition ofthe concrete that exists on site, c. Regarding lack ofcompensation given for loss oftennis courts: the appraiser stated that this loss was accounted for by the compensation included for the materials in the tennis court (concrete & fencing). d, Regarding lack ofcompensation given for removal ofperimeter lights and light poles: the appraiser stated that he did not account for the lights in his appraisal. However, he stated that the value would increase the total appraisal amount by approximately $750-$1500 per light pole & fixture, e, Regarding lack ofcompensation for damages to existing landscaping and irrigation: the appraiser did not include any compensation because the Town will replace all existing landscaping and irrigation that is removed or damaged on site, as part ofthe proposed roadway extension project, f Regarding signage for the north end ofMotel 6 site: The property owner may apply for a permit to install a sign along Arapaho Road in accordance with prevailing ordinance requirements pertaining to height, size setback, etc. g. Regarding the "Planned Development" classification for the site: The proposed construction of Arapaho Road will have no affect on the current cla.ssification ofthe property. Should you have further concems regarding the above response to your questions, please let me know. At this time, the Town ofAddison must actively pursue condenmation of the Motel 6 property in order to acquire necessary right-of-way for the Arapaho Road constmction. However, we look forward to hearing from you within ten (10) days ofthe date ofthis correspondence regarding our most recent offer, Sincerely, MichaeIMurphy,P,E. Director ofPublic Works I also wish to receive the following services (for an extra fee): ,; 1. 0 Addressee's Address .!! 2. 0 Restricted Delivery j PS Fonn 3811, December 1994 Domestic Return Receipt /.t u.s. Postal Service m CJ CERTIFIED MAIL RECEIPT m (Domestic Mail Only; No Insurance Coverage Provided).., • xoq S!41 u! epo:) dlZ pue 'SSSJppe 'eweu lOOt; IUIJd • i I I I ( 􀁏􀁾􀂷􀁾􀀠'ON IIUlled SdSn PIlId ••e:l '1/e6t!jsod 􀀳􀀰􀀱􀁁􀁾􀀳􀁓􀀠1'(lSOd S3J\lJ.S 03JINr)-H..... SSIl!O'ISJld 131/09/2083 15:27 9727025972 ACCOR ECONOMY LODGIN PAGE 02 Accor Non:h Ameritil 14651 Dall.. 􀁾􀁡􀁲􀁫􀁷􀁡􀁹􀀠Suite 500 􀁄􀀮􀁉􀁉􀁾•• TX 75254 􀁾􀀠ACCOR January 9, 2003 Mr. Michael Murphy, P.E. Director of Public Works Town of Addison 16801 Westgrove Addison, TX 75001-9010 Via Fax 972-450-2837 RE: Motel 6 I Arapaho Road Dear Michael: Thank yau for sharing the Town of Addison's Appraisal of Motel 6's damages as a result of the extension of Arapaho Road. 'am responding to your letter of December 20, 2002 and our concerns in general about the project. We do not accept a reduced value ($7 per square foot) of the property that is encumbered by the water line easement. Your appraisers comparable values and the Dallas County Appraisals District assessed value support $14 per square fool for the entire parcel value, not just that area that is not encumbered by easements. The appraisers comps would surely have easements thereon as well. It's worth noting that the waterline is in an area typically un-buildable due to setbacks as well. We request you add to your offer $7 per square foot I $ 39,130 for a total consideration for the land of $ 392.112. I believe the Town of Addison should provide Motel 6 the funds to replace the lighting to its reasonable standard once the eXisting lighting is removed as part of this project. We have estimated this to be and request you add to your offer $ 19.500 for this. For the purposes of ease and settlement we will accept the appraisers depreciated value for the tennis courts (concrete and fencing). We'll also agree to allow the Town of Addison to repair and replace landscaping and irrigation for damages caused by this project in a side agreement as long as we have reasonable approval of all plans and its done in a timely manner. . Sofilel Novot..1 Ibis Red Roof InllS Motel 6 Studio 6 01/09/2003 15:27 9727025972 ACCOR ECONOMV LODGIN PAGE 03 However, we believe the following two items are reasonable in request and simply accommodated by the Town of Addison: 1. The Town of Addison to issue the necessary permits now for similar signage on the back of the property as we have on Beltline road. I don't want to project to the community via the Arapaho Road frontage an alleyl backyard view. We will pay for the sign we install. Z. The Town of Addison's City Council re-certify the PD for the property post construction of the Arapaho Road Improvements. It is not reasonable in my opinion to have at risk this issue in the future as it potentially makes the property non conforming and therefore less salable and more difficult to finance. We are convinced that this Motel 6 is permanently damaged b'y the Installation of Arapaho Road. The traffic and Its noise Immediately adjacent to a significant number of our guest -rooms will render those rooms less desirable and likely un-marketable in the future. We We request you add to your offer $100,000 for a one-time payment for this loss of business value. We would appreciate receiving a copy of the noise impact study conducted on the property. In closing, I remain confident that the above is reasonable and that economic consideration not to include repairs made by the Town of . Addison should be $571,874 from your appraisal and my input above. I remain available to talk to you or others within the Town of Addison with reasonable notice. It is understood that this is an offer to settle the matter in dispute. The parties agree that this letter or its contents shall not be used by either party in the event of litigation.' Randy Lee Vice President Real Estate & Development. 01/09/2003 15:27 9727025972 ACCOR ECONOMY LODGIN PAGE 81 Accor North Amerjca 14651 Oalia& Parkway $u:to 600 D.llas. TX 75254 TO; Fax: __"'::l.)-,ae.::..-4=5 Dana., TX 75254 TIME: Company: NO. PAGES: (including cover sheet) FROM: \ Phone: 9.1d-]OC).-lat:13 Fax: __􀁾􀁱􀁾􀁊􀁵􀁾􀁾􀀭􀁾􀁾􀁾􀁬􀁵􀁌􀀭􀁾􀁾􀁾􀁾􀁾􀀶􀁾􀀵􀁌􀀭________ o U'PBnl o ForR6VIsw o Pl.... Camment o PI••s. RBply o Pl.... R.cyel& RE: NoleS/Commenls: "the Information conlained In this facsirnil8lransmt&4lan 1$ eonf,dentiPI and is intended 100aly for the use of the individual or entity named above, if you are-nol ,he 􀁩􀁮􀁬􀁥􀁮􀁾􀁥􀁤􀀠recipient, you ate hereby notlt1ed that GAY 􀁾􀁩􀁊􀁃􀁩􀁯􀁳􀁵􀁲􀁥􀀮􀀠copying. distnoution, ot taking any acriQn in reliance on the eantenle of 􀁴􀁨􀁪􀁾􀀠11tc,Qjmlle tt$nSlTlisaion is strictly prohibited snd may vioiate applle.abl& faw. ' If you have received this facsimile in AtrOl', ploe,e notify .sender Immediately by 1.18phon8 to a:ftlnge for tne return ot the: ofiginaf transmis!.ion to this company. Sofitel Novotel Ibis Red Roof Inns MotelS Studio 6 COWLES &THOMPSON A Professional Corporation ATTORNEYS ANO COUNS(lORS ANGELA K. 􀁗􀁁􀁓􀁈􀁬􀁈􀁇􀁔􀁏􀁾􀀠214,e72..2144 AWASHINGTON@COWLESTHOMPSON,COM January 15,2003 Mr. Douglas H. Conner Boyle & Lowry 420 I Wingren, Suite 108 Irving, TX 75062 RE: Parcel 6, Arapaho Road Project -Motel 6 Dear Doug: Enclosed for filing In connection with the above-referenced property are the following documents: 1. Original Petition in Condemnation with exhibit; 2. Order Appointing Special Commissioners; and 3. Oath of Special Commissioners. Please let me know ifyou need anything further. Thank you for your assistance in this matter. 􀁾􀁙􀀴􀁊􀀭Angela K. Washington AKW/yjr Enclosures c(w/o Enclosures): Mr. Steve Chutchian Mr. Kenneth Dippel '101 MAIN STREET SUITE 4000 DALLAS, TEXAS -;,2\\2 }7'n o ALL A S T Y l ( R fEL 214,612.2000 FAX 214.672.2020 Documenllf IOJ:1870 WWW COWLESTHOMPSOH,COM DR'\AAFT II January 14, 2003 Mr. Randy Lee Vice President f Real Estate Development Aceor North America 14651 Dallas Parkway Suite 500 Dallas, Texas 75254 RE; Motel 6/Arapaho Road Dear Mr. Lee, Thank you for your response (January 9, 2003) to our letter dated December 20, 2002. The Town ofAddison has reviewed your latest proposal and because ofthe large difference in our offer based on "Fair Market Value" and your counter offer, it is the Town's opinion that we will not be able to reach an agreement that is satisfactory to both parties. Therefore, so not to delay the progress ofthis project any longer, the Town has directed its attorney's to move forward with eminent domain proceedings toward the acquisition ofthis necessary Right ofWay for the extension ofArapaho Road. Sincerely, Michael E. Murphy, PE Director ofPublic Works COWLES &THOMPSON A Professional Corporation ATTORNEYS ANO COUNSELORS ANGE!.A K. WASHINGTON 214.81U144 AWASHI'NGTONCCOW1.ESTHOMPSON.COM March 21, 2003 Mr. Ron Whitehead City Manager Town ofAddison P.O. Box 9010 Addison, TX 75001-9010 RE: Revised Notice of Commissioners Hearing for Parcel 6, Arapaho Road Project Enclosed is your copy of the Revised Notice of Hearing for the Commissioners Hearing on Parcel 6. As you will note, the hearing is scheduled for 10:00 a.m. on April 23, 2003 at the Dallas County Records Building in Judge John Peyton's courtroom, 500 Main Street, 3rd Floor, Dallas, Texas 75202. It was rescheduled by the Commissioners at the original setting on March 19, 2003. By copy of this letter, I am providing copies ofthis notice to Mike Murphy and Steve Chutchian. A copy will be sent to all Commissioners and copies will be sent by certified mail to all owners or claimants of some interest in the property listed in the petition. If you have any questions, please give me a call. Sincerely, 􀁾􀀧􀀡􀁾􀁯􀀺􀁙􀁲􀀠 AKW/yjr Enclosure c: Mr. Mike Murphy (wlEnclosure) Mr. Steve Chutchian (wlEnclosure) Mr. Ken Dippel Mr. Doug Conner qOl MAIN STREET SUITE 400Q DALLAS, TEXAS ::;202 j;';1 OALLAS T Y L E R TEL 214.672,2000 FAX 214.bJ2.202D Oocumc::m.. !OU761 www COWLESTHOMPSON,COM CAUSE NO. O3-0071I-B TOWN OF ADDISON ) IN THE COUNTY COURT AT ) Plaintiff, ) ) vs. ) LAW NO. 2 ) MOTEL 6 OPERATING, L. P., et al. ) DALLAS COUNTY, TEXAS ) Defendants. ) ) To: REVISED NOTICE OF COMMISSIONER'S HEARING You are hereby notified that the Town of Addison, acting by and through its City Attorney, on January 21, 2003, filed its First Amended Petition in Condemnation with the Clerk in the above-referenced Court of Dallas County, Texas wherein it sought the condemnation of certain land, a true copy of which Petition has been previously provided to all defendants named herein to which reference is made for description of the land sought to be condemned, for a statement of the purposes of condemnation, and for all other legal purposes. This Honorable Court has appointed three Special Commissioners who have conferred and determined that they would like to set this MATTER FOR HEARING AT THE TIME AND PLACE HEREIN PROVIDED, such hearing to commence at 10:00 a.m. o'clock on the 19th day of March, 2003 at the the Dallas County Records Building in the Courtroom of the Honorable Judge John Peyton, 3'd Floor, 500 Main Street, Dallas, Texas 75202. At the time of this hearing, the Landowners' through their attorney, David C. Kent has sought and asked for a resetting of this hearing to the week of April 21, 2003. The Commissioners fulJy considering Landowners' request find such is well taken and herewith agrees to reschedule this hearing to a later date. All parties of record having interest in the subject property are hereby notified to appear at the time and place after set for the purpose of offering any evidence they desire on the issue as to the damages to be assessed against the Town of Addison and to be paid to the owners of said property to be condemned. By copy of this notice, confinnation of this setting is being forwarded to the City Manager of the Town of Addison, the Special Commissioners appointed by the Honorable Court, and to the Court deputy of this Honorable Court. '.)rd SUCH HEARING is now RESCHEDULED for April 2-':'2003 at 10:00 a.m. in the Courtroom for County Court at Law No.2, the Dallas County Records 􀁂􀁵􀁩􀁬􀁤􀁩􀁮􀁾􀀠and courtroom of the Honorable Judge John Peyton. County Court at Law No.2, 3' floor, 500 Main Street, Dallas, Texas 75202. Should Landowners desire to challenge the Town of Addison's Appraisal testimony, the Landowners must in accordance of Section 21.011I(b), Texas Property Code provide to Town of Addison's attorney whose name is herein below provided by no later than 10 days prior to the date of the rescheduling of this hearing, all appraisal reports and opinions of value that any challenge the value conclusions and opinions of the Condemnor's Appraisers. , APPROVED AND ORDERED BY SPECIAL 􀁃􀁏􀁍􀁍􀁉􀁓􀁓􀁉􀁏􀁎􀁾􀁓􀀺􀀠 r--.,. "' ) Joe Coerver j) Don Daniel Larry Phillips /Respectfully submitted, 􀀢􀀷􀀢􀀦􀁌􀁏􀁾􀁾􀂭􀁾􀀧􀁟􀁉􀁉􀁉State Bar No. 04694000 4201 Wingren Plaza Suite #108 Irving, Texas 75062 972.650.7100 [Telephone] 972.650.7105 (Telecopierl TOWN OF ADDISON PUBLIC WORKS To: I'1R, TRA-Ct kEZLcR.. Company: FAX#: D EtV'IVY'S 8'64 -5"9'7-732/Phone: 972/450-2 81'6 Fax: 972/450-2837 Date: No. ofpages (3/Z.S/P3 including cover):_Z___ 16801 Westgrove P.O. Box 9010 Addison, TX 75001-9010 ._-----._-_.... >Z ::J 0::: 􀁾􀁭􀀠 \I (J') 0::: <:::i! cr:::i! «o ::i!U BEGIN CONSTRUCTION 0::: o>-. cr: >:::::l LI.JLO z > « 0::: cr: =:JLO ,(J') -----•.. • TOWN OF ADDISON, TEXAS RESOLUTION NO. R03-0S1 A RESOLUTION OF THE TOWN OF ADDISON, TEXAS, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE AWARD INTO THE REGISTRY OF THE COURT IN CAUSE NO. 03-00711-B, TOWN OF ADDISON V. MOTEL 6 OPERATING, L.P., ET AL.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas filed under Cause No. 03-00711-B in the County Court at Law No.2 against Motel 6 Operating, L.P., et al. for the purpose of acquiring land needed for Arapaho Road; and WHEREAS, the Special Commissioners appointed by the Court conveyed and heard evidence and rendered a Special Commissioners' Award; and WHEREAS, the Town of Addison desires to place the amount of the Special Commissioners' Award into the Registry of the Court in order to take possession of the real property needed for Arapaho Road; Now, Therefore, BE IT P.ESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the Director of Finance is ordered to prepare a check in the amount of Four Hundred Thirty-One Thousand Two Hundred Thirty-Four and NollOO Dollars ($431,234.00) payable to the Dallas County Clerk; Section 2. That the City Attorney is directed to place the amount of the Special Conunissioners' Award into the Registry of the Court and seek an Order of Possession from the Judge ofCounty Court at Law No.2; Section 3. 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 13th day ofMay, 2003. 􀁒􀁓􀁾􀀠ATTEST: By. 􀁾􀁦􀁩􀀺􀁌􀀠APPRO,;/JTO FORM: By: 􀁾􀁾􀀴􀁲􀀻􀁴􀁾􀁴􀁕􀁖􀀢Ken Dippel, City Atto;Jtj OFFICE OF THE CITY SECRETARY R03-051 TOWN OF ADDISON, TEXAS RESOLUTION NO. R03-0S2 A RESOLUTION OF THE TOWN OF ADDISON, TEXAS, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE AWARD INTO THE REGISTRY OF THE COURT IN CAUSE NO. CC-03-01967-B, TOWN OF ADDISON, TEXAS V. ABSOLUTE SYSTEMS, LTD., ETAL.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas filed under Cause No. CC-03-01967-B in the County Court at Law No.2 against Absolute Systems, Ltd., 276 Trusts and Merrill Lynch Business Financial Services, Inc. for the purpose ofacquiring land needed for Arapaho Road; and WHEREAS, the Special Commissioners appointed by the Court conveyed and heard evidence and rendered a Special Commissioners' Award; and WHEREAS, the Town of Addison desires to place the amount of the Special Commissioners' Award into the Registry of the Court in order to take possession of the real property needed for Arapaho Road; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the Director of Finance is ordered to prepare a check in the amount of One Hundred Fifteen Thousand and No/lOO Dollars ($115,000.00) payable to the Dallas County Clerk; Section 2. That the City Attorney is directed to place the amount of the Special Commissioners' Award into the Registry of the Court and seek an Order of Possession from the Judge ofCounty Court at Law No.2; Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council ofthe Town of Addison, Texas this 13th day ofApril, 2003. R. Scott Wheeler, Mayor ' ATTEST: 􀀢􀀢􀁃􀁾􀁴􀀧􀁣􀁬Carmen MOr:CltiSecretary 􀁾􀁔􀁏􀁆􀁏􀁒􀁍􀀠... By: 4x£;0Ken Dippel, City Attorney OFFICE OF THE CITY SECRETARY R03-052 .gsa COWLES &THOMPSON A Professional Corporation􀁾􀀠􀁾􀀠1978-2003 ATTORNEYS AND COUNSELORS ANGeLA K, WASHINGTON 214.672:2144 AWASHINcnON@COWlESTHOMPSON,COM May 27,2003 Mr. Mike Murphy Mr. Steve Chutchian Director ofPublic Works Assistant City Engineer Town ofAddison Town ofAddison P.O. Box 9010 P.O. Box 9010 Addison, TX 75001-9010 Addison, TX 75001-9010 RE: Town ofAddison v. Motel 6 Operating, L.P., et al. Canse No. CC-03-00711-B Parcel 6 Arapaho Extension of Road Project Dear Mike and Steve: As promised in my May 23, 2003 letter, enclosed is the property owners' Objection to Special Commissioners' Finding. Ifyou have any questions, please give me a call. Sincerely, 􀁾􀁶􀀮YY-?7 J Angela K. Washington AKW/yjr Enclosure c (w/o Enc.): Mr. Kenncth Dippel 901 MAIN STREET SUITE 4000 OALLAS, TEXAS 75202·3793 o All A S T Y L E R TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMP$ON.COM //NO. cc-03-00711-b TOWN OF ADDISON, § IN THE COUNTY COURT § Plaintiff, § § v. § AT LAW NO. 2 OF § MOTEL 6 OPERATING, L.P., et al., § § Defendants. § DALLAS COUNTY, TEXAS OBJECTION TO SPECIAL COMMISSIONERS' FINDINGS Pursuant to Texas Property Code §21.18, Defendants Motel 6 Operating, L.P., Motel 6 G.P., Inc. (now known as Aeeor North America, Inc.), and Georges Le Mener, individually and as officer ofMotel 6, G.P., Inc., object to the flndings and award ofthe special commissioners herein, and pray that the Court issue citation to the adverse party and try the case in the same manner as other civil causes. \espectfullYsubmitted, 416',1 c &..."i -DaVid C. Kent State Bar No. 11316400 Mary Ann Joerres State Bar No. 10669750 DIAMOND McCARTHY TAYLOR FINLEY BRYANT & LEE, L.L.P. 1201 Elm St. -34th Floor Dallas, Texas 75270 (214) 389-5300 (214) 389-5399 (Fax) ATTORNEYS FOR DEFENDANTS MOTEL 6 OPERATING L.P., , MOTEL 6 G.P., INC. and GEORGES LE MENER, INDIVIDUALLY AND AS OFFICER OF MOTEL 6 G.P., INC. OBJECTIONS TO SPECIAL COMMISSIONERS' FINDINGS -Page 1 SO%75·1 , --. c···· • 􀀭􀀭􀁾􀀭􀀭• .... ,.. -) IO:lTEL 6 ! i 􀁾􀀬􀀠ISOPlEX I • 105 104'.103 24' 􀁾􀀮􀀠1S' I I, NUfE: POSS I Bt. E COLUIofi LOCATt ONS ARE VERY APPRO)( IMA.TE AND SUBJECT TO CHANGE. LEGEND N SCALE: 1":40' ( \ -􀁾􀀧􀀠-NOTE,EXISTING PARKING LOT SPACES ARE APPROXIMATE. NOT TIED DOWN IN FIELD. ARAPAHO ROAD EXTENSION.j SURYEYOR BWl.EVARD TO 􀁾􀁉􀁓􀁏􀁊􀁉􀀠ROAD ill .' N 100 99 I! 23.5'18' 18' 18' 24' 16' I ,, I113 114 ,1151,16 1171118 [1,191,20 121 , c ... ·_ ......􀀭􀀭􀀭􀁾--:........ 􀁾􀀮􀀭􀀭􀁾􀀠 • I NOTE: 􀁾􀁔􀁅􀁌􀀠6 EXISTING PAAItl LOCATIONS ARE >£RY APPROXIMATE AND SUBJECT TO C1JANGE. LEGEND I BRIDGE • POSSIBLE SRI DGE COLU>tl ARAPAHO ROAD EXTENSION stJIYE'fOR 8(1JI.EVNID TO NJD1SO/1 RON) PRELIMINARY ISOPLEX AND MOTEL 6 PARKING LAYOUT TOWN OF ADDISON. TEXAS 101 N SCALE; 1"=40' \,, cC c........ 􀁾􀀭􀀬􀀠􀀮􀁾􀀭􀀮􀁾􀀭􀀮􀀭...􀀭􀁾􀁾􀀭:, ." L .Jf/ I'QIJ. 􀁾􀁁􀁎􀁕􀁁􀁒􀁙􀀠16, 198( VCL 81052, PG, 0775 I ;r. " 􀁾􀀮􀀠, I....00 J 􀁾􀁯􀀬􀀠'/2'''''""''!!,"",,,C,R.O.C.T. 􀀽􀀽􀁥􀀹􀁾􀁧􀁧􀀧􀁬􀁩􀀠􀁾􀀧􀁾􀀠􀀷􀀵􀁾􀀧􀀻􀁒􀁃􀀧􀁔􀀨􀀠(CA1.l£O H81r51'$9"1'-:r5.50) 􀁉􀁾􀀠ICEOPIEX SEPTEMBER 20, 1995 rVOL,. 95210. Pc. 03012 VOL 88066. PG. 4219• a,R-D.C,T. D,R.D,C.T. RQO£WAY INN MOTEL 6 OPERAlING LP. JANUARY 16. 1981 CAllED 4,9814 ACRES HERITAGE INN NUMBER ADDISON RE. VOL 81052. PO, 0775 FEBUARY 1. 1990 )(10. D.R,O.C.T, ' VOL 90024. PG. 779 LIMITED PARTNERSHIPCAUED 3.334 ACRES D,R,D.G.T, CAllEO 4.1525 ACRESSEPTEMBER IS, 1995 JANUARY 24. 1997VOL 95181, PG. 03931 VOL 97018. PG. 00073D.R,D,C.T, D.RD.C,T• . PARCEL 6 A PLAT OF A 0.6430 ACRE (28.008 SO, FT.)TES: ., TRACT OF LAND L EASEMENTS SHOWN ARE TAK"N FROM THE PLA1'S INDICATED IN THE EDWARD COOl< SURVEY REON. THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT ABS TRACT NO. 326 OPERTY SO ALL EASEMENTS MAY NOT BE SHOWN. TOWN OF ADDISON DALLAS COUNTY. TEXASL BEARINGS 'ARE REFERENCEO TO THE NORllI RIGHT OF WAY IE OF CEN1lJRION WAY, CAI.i£D S 89'51'55" E. ACCORDING TO • DENOTES A FOUND PDlNT AS INDICATED E.FlNAL PLAT OF lOT 3. SIJRVEYOR AOOIlION, RECORDED IN • DENOTES A 5/8" IRON ROO SET UNLESS 50 0 25 50 OlllER'IIISE NOTED I-c---' !!Ii.. 77173, PAGE IJS. O.R.D.C.T. -PROPOSED RIGHT OF WAY UNE -. lEGAL DESCRIP110N OF EVEN SURVEY DATE HEREWITH GRAPHIC SCALE ;COMPANIES .THIS PLAT. 1 INCH 􀁾􀀠50 FT. ! 􀁾􀀭􀀭􀀮􀀭􀀭􀀬-'--'--*---f-􀁣􀀡􀁴􀀮􀀡􀁉􀁾􀀠.. 􀁾􀀠-RoPOSED ARAI'A\iO.ROAO N sers' i" ·•• f ... I: • I . §¥l:ll"",'>td' 􀁯􀁾..i .. 'n .. " ADDISON RESTAURANT PARK 􀁍􀁁􀁒􀁾􀀠9, 1988 100 m ed Fax . it-ti;..\, MAY-06-2003 14:27 COWLES & THOMPSON 2146722020 P.02/03 CAUSE NO. 03 -00111 • B TOWN OF ADDISON ) IN THE COUNTY COURT ) Plaintiff, ) AT LAW NUMBER 2 ) v. ) DALLASCOUNTY,TBXAS ) MOTEL 6 OPERATING, L.P, et al. ) ) Defendant. ) ) COMMISSIONERS' REPORT AND AWARD We, Ihe undersigned Special Commissioners. were appointed by tbe Judge of the County Court of Dallas County at Law No, 2, Dallas COUnty, Texas, are all disinterested freeholders of Dallas County, Texas. and have sworn 10 assess the damages in this cause fairly and impartially and in accordance wilh law. We submillhe following report and award to the Court: In accordance with law, your Commissioners promptly set II lime and place for hearing the parties. Wrilten nOlice of the hearing was issued, served on each party and returned as prescribed by law. At 10:00 A.M, on the 19'h day of March, 2003. al Court Room of County Court at Law No, 2 of Dallas County, Texas the time and place set for the hearing, Landowner's tbereafter sought and and obtained a resetting of this hearing for 10:00 a.m" April 23, 2003 at the locatio!l of our earlier setting, that being the Court Room of County Court at Law No, 2 of Dallas County, Texas. COMMISSIONERS' REPORT AND AWARD, Page 1 e elV d· >1)\ *'Mtiiilli MAY-06-2003 14: 27 COWLES & THOMPSON 2146722020 P.03/03 Evidence of the local market value and damages. if any, resulting from Town of Addison's taking was presented in accordance with the mles of damages established by law and the agreements and stipulations of the parties. Having heard the evidence, your Special Commissioners find that compensation should be paid by the Town of Addison to defendants named jointly in this action such 10 Motel 6 Operating, L. p" Motel 6 G. P., Inc., Jojos Restaurants, Inc.. and Dallas Independent School District. TOTALAWARD ................................................................. $ '13/)2. 3 '* We find and order thatlhe costs of this proceeding should be paid by the Town of Addison. The property being condemned in this proceeding is described in the Statement in Condemnation on file with the Court and incorporated by reference. SIGNED AND FILED with the Judge of Dallas County Court at Law No.2. this 􀁾􀀠. . 2 3 v day of A /2'1'1 I .2003, COMMISSIONERS' REPORT AND AWA!'!D, Page 2 TOTRL P.03 TOWN OF ADDISON, TEXAS RESOLUTION NO. ____ A RESOLUTION OF THE TOWN OF· ADDISON, TEXAS, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE AWARD INTO THE REGISTRY OF THE COURT IN CAUSE NO. 03-00711-B, TOWN OF ADDISON V. MOTEL 6 OPERATING, LP., ET AL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Addison, Texas filed under Cause No, 03-00711-B in the County Court at Law No.2 against Motel 6 Operating, L.P., et aI, for the purpose of acquiring land needed for Arapaho Road; and WHEREAS, the Special Commissioners appointed by the Court conveyed and heard evidence and rendered a Special Commissioners' Award; and WHEREAS, the Town of Addison desires to place the amount of the Special Commissioners' Award into the Registry of the Court in order to take possession of the real property needed for Arapaho Road; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the Director of Finance is ordered to prepare a check in the amount of Four Hundred Thirty-One Thousand Two Hundred Thirty-Four and No/l00 Dollars ($431,234.00) payable to the Dallas County Clerk; Section 2, That the City Attorney is directed to place the amount of the Special Commissioners' Award into the Registry of the Court and seek an Order of Possession from the Judge ofCounty Court at Law No, 2; Section 3, 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 __ dayof ,2003, R. Scott Wheeler, Mayor ATTEST: By:_____________ Carmen Moran, City Secretary APPROVED AS TO FORM: By:___,--,--_______ Ken Dippel, City Attorney OFFICE OF THE CITY SECRETARY RESOLUTION NO. ____ Page 1 oft DATE SUBMITTED: May 6, 2003 FOR COUNCIL MEETING: May 13, 2003 Council Agenda Item SUMMARY: This item is to request Council consideration ofthe Award of Special Commissioners, in the amount of$352,295.00, for the acquiSition ofa 0.6430 acre tract ofland owned by Motel 6 Operating, L.P., et ai, for permanent right-of-way from the Roadway Inn Addition (located generally at 4301 Belt Line Road). FINANCIAL IMPACT: Budgeted Amount: N/A Appraised Value: $332,795.00.00 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 0.6430 acre ofpermanent right-of-way adjacent to the proposed extension ofArapaho Road (see attached Parcel 6 map) is required as part ofthe proposed roadway improvements. This parcel is a portion ofthe Roadway Inn Addition, and is owned by Motel 6 Operating L.P. In October 2001, the firm ofEvaluation Associates appraised the fee simple value ofthe 0.6430 acre ofright-of-way at $332,795.00, which included a compensation for improvements (tennis court, fencing, etc.) in the amount of$52,71S.00. By Council Resolution, dated August 27, 2002, this appraised value was authorized for payment to the property owner in the event ofa settlement between the two parties, or ifthe Special Commissioners in Condemnation appointed by the court return an award that is the same amount as the appraised amount. The actual award established by the Special Commissioners was $352,295.00, which exceeded the appraised value by $19,500.00. RECOMMENDATION: It is recommended that Council approve payment to Mote16 Operating, L.P., based on the Award of Special Commissioners, in the amount of$352,29S.00, for acquisition of permanent right-of-way from a 0.6430 acre tract ofland in the Roadway Inn Addition (located generally at 4301 Belt Line Rd.) UNE, TABLE UNE BEARING C"'-'" OIST CMU.' Ll N 00'31'18" W NOO'2S'2.:rW 19.13' OALlAS AREA RAPID TRANSIT PROPERTY ACQUISllION CORPORAlION CURVE TABLE 􀁾􀀧􀀭􀁒􀀺􀁏􀀻􀁗􀀻􀁽􀀠, , CURVE DELTA RADIUS LENG1H CHORD !l:iQlW􀁾􀁾􀁩􀁑􀁉􀀠©@@ilt 􀁾􀁏􀁊􀁊􀁾􀀧􀁗􀀡􀁬􀀺􀀧􀁜􀁦􀀠-'--:-riE-c!: 􀁾􀀱􀀹􀀹􀀰􀀠Cl 02'03"6" 2914.79' 104.52' N 88'59'33' E -104.51' VOL 91008, PG, 1390 􀁾􀀽􀀤􀁾􀁀􀀠O.R.O.CoT, .... 􀁾. .. "" '" 􀁾􀀠. D"..I.I 􀁾􀀠t iii 􀁾􀀠1: 􀁾􀀠(CAUfO san,'59"£: -16,23' • 􀀧􀀤􀁗􀁬􀀱􀀧􀀱􀀴􀁾􀁅􀀧􀀠-216.99') 􀁾􀀮􀁾􀀣.. S 89'58'49' E -26all' T"-􀀧􀁾􀁾􀁁􀁓􀁍􀁅􀀠􀁔􀁾􀀧􀀠•• Oll .. S5 . 􀁴􀁾􀀢􀁥􀀢􀁴􀀠If 􀁾􀀠(S""Al,1 􀀮􀀽􀁖􀀭􀀭􀁾__ 􀀮􀁵􀁩􀀮􀀮􀁾􀀠"""'"1 -􀁾􀀠t llJ ARAPAHO ROAD 􀀧􀁬􀀨􀁾􀀭􀁾􀀺􀀢􀀠' .oIli1'l!.>U 􀁾􀁾􀀮􀀠110,,1'>,,"' (84' R.o.VI.) j. ;\'" ""-.􀀧􀀸􀀧􀁾􀀠􀁾􀁁􀁎􀁕􀁁� �􀁙􀀠16, 1961' iflS"d VOL 81052, PC. 0175 Z ;; 􀁾􀁧D.R.O.CoT. • V2"JRONfflJ!?""tArft : ...... In 􀀱􀀵􀁾􀀠II "in 􀁆􀀮􀁾􀁾􀀠• 76t9.'J,;1I[ 1 ( . " (CAJ..L.E:P Nar.it'S9"W-75.f;O') N 8§j' 9 r ADDISON RESTAURANT ICEOPLEX PARK SEPTEMBER 20, 1995 i-MARCH 9. 1988 VOL.. 95210. PG. 03012 VOL B8066, PO. 4219 D.R.D.C.T. RODEWAY INN MOTEL 6 OPERAlING LP. D.R-D.C.T. JANUARY 16, 1981 CALLED 4.9814 ACRES HERITAGE INN NUMBER AOOlSON R.E. VOL 81052, PO. 0175 FEBUARY I, 1990 XWf CALLED 3.334 AORES D.R.D.C.T. VOl. 90024, PG. 719 UMITEO PARTNERSHIP SEPTEMBER 15. 1995 D.RD.C.T. CALLED 4.1525 ACRES VOL 95181, PC. 03931 JANUARY 24, 1997 D.R.D.C.T, VOL 97018, PG. 00073 D.R.D.C.T• . PARCEL 6 A PLAT OF A NOTES: 0.6430 ACRE (28,008 SQ. FT.) AU, EASEMENTS SHOWN ARE TAKI;N FRO/.! THE PLATS INDICATED .' TRACT OF LAND IN THE EDWARD COOK SURVEY HEREON. THE SURVEyOR 010 NOT ABSTRACT 1HE SUBJECT ABSTRACT NO. 326PROPERTY SO All. EASEMENTS t,lAY NOT BE SHOWN. TOWN OF ADDISON All. BEARINGS ARE REFERENCEO TO 1HE NORTH RIGHT OF WAY DALLAS COUN TY, TE XAS ,LINE Of CENTURION WAY, CAULEO S 89'51'55' E, ACCORDING TO • DENOTES A FOUND POINT AS INDICATED THE FlNAL PLAT OF LOT 3, SURVEYOR ADOIllON, RECORDED IN • DENOTES A 5/8' IRON ROO SE T UNLESS 50 25 50 100􀁾_____-ia__! VOL n173. PAGE 135, O.R.D.C.T. 01HERWISE NOTED I -PROPOSED RIGHT OF WAY LINE A LEGAL DESCRIP1l0N OF EVEN SURVEY DATE HEREWITH GRAPHIC SCALEACCOMPANIES. THIS PLAT. 1 INCH = 50 FT. MOTEL 6 4/18/02 Public Works staff & Ron Whitehead met with Randy Lee & his engineering representative on-site to discuss project Their concerns were as fullows: Security Perimeter Fencing Landscaping Noise Level 5/01102 Right-of-way agent met with Randy Lee and discussed the project, including appraised value oftaking. 5/29/02 Received response back from Randy Lee to Pat Haggerty. See attached letter. 6/08/02 Evaluation Associates submitted comments to Public Works staff regarding comments from 5/29/02 letter, with no changes recommended, See attached letter. 6/25/02 Received Council approval to make final offer to Motel 6, based on appraised value. See attached agenda documents. 6/06/02 Offer letter from City Manager sent to Randy Lee. See attached letter. 7/03/02 Mike Murphy received phone call from Randy Lee. See attached e-mail. 7117102 Follow-up letter from City Manager sent to Randy Lee. See attached letter. 8/05/02 Mike spoke with Randy Lee. Mr. Lee said that he "could not get his arms around our offer & that we should go to court." He wanted to be in attendance at the 8/27/02 Council meeting, Staff sent notice ofmeeting to Mr. Lee. However, he did not attend. 8/08/02 Additional follow-up letter sent by Mike Murphy to Randy Lee. See attached letter. 8/27/02 Received Council approval authorizing condemnation ofMotel 6 property. See attached agenda documents, 9117102 Notice ofcondemnation sent by Ron Whitehead to Randy Lee. See attached letter. 9/25/02 Counter offer sent by Motel 6. See attached letter. 10/2102 Letter that rejects the Motel 6 counter offer sent by Ron Whitehead, See attached letter. 10/08/02 Response to rejection letter sent by Randy Lee to Mayor Scott Wheeler. See attached letter, P ACCOR AJ;.cor Economy Lodging 14651 Dall.. l'arkway, St. SOO Dallas, !X 75254 To. 972-386·0101 May 29,2002 Mr. Patrick J. Haggerty, SIOR Campbell Company of Dallas, Inc 16475 Dallas Pkwy # 700 Addison, TX 75001 Via Fax 972-248-0230 RE: Arapaho Road Extension Effect on Motel 6. Dear Patrick: As promised, here is my response to your value of Motel 6's damages as a result of the above referenced project to be done by the City of Addison, TX. Regarding the land, you value our entire parcel at 52,170,000 using land sites that are not as good as Motel 6'5. Additionally, our assessed value is 52,899,880 for this same parcel per the recent revaluation by Dallas County. I would expect compensation from the City of Addison to be in line what the assessed value. On a per square foot basis, that is $374,472 for .6430 acres as opposed to your suggested $280,080 or an additional $94,392. Regarding the loss ofthe recreational amenities on the land to be taken, I think you have minimized their value. You say, they are of of an 80's era however, they are a very necessary amenity for our guest and property. Today, most new limited service hotels that do not have these amenities are less than 80 rooms. We have 148 rooms at this property that we pay taxes on and employ people to operate and maintain. We will not find as many customers to fill these rooms without the amenities we stand to lose as a result of this project. I'm requesting you review your pOSition on this and discuss it with the City Manager in an effort to re-value these amenities. For purposes of business value and as of this letter, I have not valued these amenities however assure you that $ 52,750Js a very low figure in my opinion. Additionally, The City of Addison should be prepared to compensate us for the following items: • The cost to completely redevelop the lighting on the north perimeter of the property. This is not included in your evaluation. • The cost to replace the fence on the northern perimeter of the property. • Reasonable installation of landscaping above that planned by the City of Addison. Other issues I see at this point are: • Noise: With an elevated roadway a few feet away from our building. its going to be loud for our guest and make the property less desirable. We discussed with the city engineers the concept of placing 3-foot taU lane dividers or the like to divert noise up as opposed to out. We would like to know what the city plans to do about this. • Signage: We will have a property with two commercial sides. I think an appropriate variance to the City of Addisons sign code allowing us an additional pole sign on Arapaho Road identifying the property and its access is from Beltlfne Road is necessary. This will also help identify Arapaho Road as something more than an alley to Beitline Road if we do this. The City of Addison should also pay for the sign. • Variances; We need the City of Addison to put in place I make of record all variances necessary to make our property compliant with all City and County Codes as a result of this project. Please note this letter is complete only to the extent of which your evaluation identifies our damages and a preliminary site review by our in-house engineer and myself. We cannot complete our assessment of damages or finanCial impact until we see the construction plans prepared by the City of Addison. I can be available to talk to you and or the City Manager at the end of June. Please send me the time schedule including the date of posseSSion, construction start and end dates. Sincerely. 􀁾􀀠Randy Lee Vice President Real Estate & Development )un 7 '02 11:2B P.OI EVALUATION ASSOCIATES RlGHT OF WAY LAND RIGHTS ACQUlSmON APPRAISAL SOLUTIONS lune 8, 2002 Mr. Steve Chutchian, P.E. Assistant City Engineer Town ofAddison 16801 Westgrove Addison, Texas 75001-9010 Re: Arapaho RCJad Phase III· Parcel No.6. 4301 Belt Line Road -Response to Mr. Randy Lee's letter dated May 29, 2002 Dear Mr. Chulchian: In response to Mr. Lee' sletter oftne above reference project, we offer the roUowing reply. We hope that this response together with the revised appraisal report will assi$t the City in completing the acquisition of the land rights needed rOt this project. Point: Mr. Lee stales the land value for the subject whole property is less lhan Ihe assessed value. Response: Yes, our analysis indicates the vallie of the subject land is SIO.OO/SF. The current proposed 2002 assessed value is $2,899,880 or S13.36/SF. Specifically addressing the tax valuation, the allocation ofvalue to the land ponion ofthe overall property value by DeAD is not the most important component component oftheir value. The overall combined value ofthe property, including land and buildings is most likely the value that they would be morc focused in defending. The land portion orthe overall property value may have been simply allocated. We can nOI commenl further as we do not have Ihe Dallas County Appraisal District supporting documentation. We researched the market and utilized the most competitive, most indicative sales data available. We would be happy to investigate any land sales data Mr. Lee offers, provided there is sufficient detail (loc8tion, sale dale, grantor, grantee, size and verifying party) to confirm a bona fide transaction has occurred. Ifsales data is offered and verified. we will re.analyze the data set to determine ifthe value estimate is supportable. We do not wish to waste the City's lime and money on a wild goose cbase. Declarations that vaiucsare low is not sufficient to warrant re-analysis. Point: Loss of recreational amenities will result in the loss ofroom revenue. Response: The appraisal report details the compensation for the tennis courts and walking palh. The property owner can elect to replace this recreational amenities on Ihe subject 11615 Forest Conlral Drive' Suile 20S • Dallas, TelWl. 75243-3917 • (214) 553·1414 • (214) "3·161$ (Fax) Jun ? '02 11:29 P.02 Mr. Steve Chutchian, P.E. Arapaho lload Phase Ill-Pel 6 -4301 Belt Lim: lload .Response to Mr. Randy Lee's letter dated May 29, 2002 Juhe 8, 2002 Page 2 remainder land, thUB avoiding the declared situation ofloss ofroom revenue due to the absence of these facilities. Or. the property owner can elect not to replace these recreational facilities. Our estimate ofvalue for these facilities was based on published cost manuals. Ifthe City desires, we could employ a construction consultant to provide another replacement cost estimate ofvalue for these items. The comment contained in the report referring to the type of recreational amenity being a common feature ofa cenain class of hotel io the 1980s was intended to explain that the more modem same class competition may not have, nor require. that type offeature, and therefore it is not needed to complete for occupancy in the CUlTent market environment. We stand by the position that the absence ofthis feature (outdoor tennis court andjogging track) will not have a negative effect on the value ofthe remainder property. Point: Vlllue estimate failed to consider 1111 improvements within the proposed acquisition area. Response: The appraisal report dated October 5, 2001 doc:snol includeihe tennis court lighting and the wood perimeter fence along the northern property boundary. The COst ofthese items is listed below and should be added to the compensation estimate. Approximately 373 linear feet offencing x SI71LF 􀁾􀀠S 6,341 Lighting standards for tennis courts $ 7,000 Total $13,341 Based on the need to include compensation for these items, the totIII compensation due the property owner is revised to $346,136 (original compensation estimate $332,795 plus additional improvements $13.341), Point! Response: There are three (3) issues listed -noise, signage and variance. Because theses factors are generally construed as being under the control of the Town of Addison, or, in the oase ofnoise, an non-compensable item in eminent domain law, these issues are outside ofthe scope of .servioes. However, the following might be considered. Noise: One could calculate the distance ofthe proposed Arapaho Road to the back oftbe hotel building, and then compare that to the CUlTent distance of Beldine Road to the front of the building. Signage: Most businesses which need to attract customers, desire as many sign location optiollll as possible. Tft he current business operation functions with only signa on BdtUne Road, one might question the additional effectiveness ofanother sign on a, for the most part, limited access road, at the back of the property. I believe Mr. Lee characterized tbe new road as Addison Arapaho Alley. Jun 7 '02 11:30 P.03 Mr. Steve Chutchian, P.E. Arapaho Road Phase III • Pcl 6 • 430 I Belt Line Road Response to Mr. Randy Lee's letter dated May 29, 2002 lune 8,2002 Page 3 Variance: The significance ortbe requested variance is unclear, as is the impliedjurisdietlon orlhe County, Regarding the Town ofAddison, the current understanding is that the existing zoning would prevail, along with the same stated rear yard setbacks, ifany. Therefure. compensation for the land contained in the proposed acquisition area would fully address the matter orlhe new resulting north property line from the existing, or future proposed, structures on the remaining land Ifyou have any other questions concerning this response, please call me. Sincerely, ,//-R::-;;::;::::::.-Council Agenda Item #1<./7 SUMMARY: Tills item is for approval to make an offer to Motel 6 Operating L.P., for acquisition ofa portion of the Roadway Inn Addition. FINANCIAL IMPACT: Budgeted Amount: N/A Cost: $332,795.00 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 0.6430 acre ofpermanent right-of-way adjacent to the proposed extension ofArapaho Road (see attached Parcel 6 map) is required as part of the proposed roadway improvements. Tills parcel is a portion ofthe Roadway Inn Addition, and is owned by Motel 6 Operating L.P. In October 2001, the firm ofEvaluation Associates performed an appraisal ofthe value (surmnary attached) ofthe proposed fee-simple taking. The appraisal of0.6430 acre on Ibis site resulted in a Total Compensation value of $332,795.00. RECOMMENDATION: It is recommended that Council authorize the City Manager to offer a total of $332,795.00 to Motel 6 Operating L.P., for the acquisition of0.6430 acre ofpermanent right-of-way from the Roadway Inn Addition. 1 I ! EVALUATION ASSOCIATES RIGHT OF WAY LAND RIGHTS ANALYSIS' APPRAISAL' ACQ1JISlTION • SOLUTIONS SUMMARY OF SALIENT FACTS AND CONCLUSIONS 1 ARAPAHO ROAD PROJECT I Property Owner: Motel 6 Operating LP. Parcel No. 6 I Valuation Conclusion: Whole Property (Land Only) Proposed Acquisition ) Remainder Before Acquisition Remainder After Acquisition Loss in Value ofRemainder After J Determination ofCompensation: PermanentFlightofVVay Compensation for Improvements (tennis court, fencing)J Landscaping (None -Replacement) ) Total Compensation Date ofAppraisal: Location: J Legal Description: J J Land Size: , Zoning: Highest and Best Use: As ifVacant BEFORE: As ifVacant AFTER: $2,170,000 $ 280,080 $1,889,920 $1,889,920 $ -0$ 280,080 $ 52,715 $ -0$ 332,795 October 5, 2001 4301 Belt Line Road, Town ofAddison, Texas Roadway Inn Addition, Town of Addison, Dallas County, Texas Whole Property (per DCAD records) 4.97934 Acres Flight ofway Area 0.6430 Acres SU, Special Use Permit, Planned Development District Commercial use Commercial use 11615 Forest Central Drh!e • Suite 205 • Dallas, Texas 75243-3917 • (214) 553-1414 I UNE. TABLEE XHISIT "S" DIST CAlifD L1 N 00'31'18" W NOO"28'2l-' 19.13' 􀁾􀀠BEARING c.f PubLio 􀁗􀁄􀁙􀁾􀀠TDW"" of AclcI(so"" 1372)4so-2!?T!1 1 (972) 450·7001· FAX (972) 450·7043 OFFICE OF THE CITY MANAGER 5300 Belt Line Road􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮Post Office Box 9(1:U) Addi5ol'l, Texas 750&1-9010 July 17, 2002 Mr. Randy Lee Vice President Accor Economy Lodging 14651 Dallas Parkway, Ste. 500 Dallas, Texas 75254 Re: Roadway Inn Addition Dear Mr. Lee: 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 of Addison 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 7500 I, by noon on Friday, August 1,2002. Itis 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 PUBLIC WORKS DEPARTMENT Addi,on, T..... 15001-9010 (972) 451).2871 16801 Weatgrove August 8, 2002 Mr. Randy Lee Vice President Accor Economy Lodging 14651 Dallas Pardway, Suite 500 Dallas, Texas 75254 Re: Roadway Inn Addition Dear Mr. Lee: In previous correspondence, the Town ofAddison stated that recommendations regarding your property in the Roadway Inn Addition would be made at the August 13, 2002 City Council meeting. However, due to a delay in acquiring necessary property title commitments, our staff is now scheduled to address this issue at the August 27, 2002 meeting. During this interinI period, the Town will consider any counter-offer proposal that you submit. Should you have any questions, please contact Steve Chutchian, P .E., Assistant City Engineer, at 972-450-2886, or myself Sincerely, 􀁾􀁾􀀮􀁾􀁾􀁣􀁨􀁡􀁥􀁬􀀱􀀱􀁵􀁲􀁰􀁨􀁹􀀬􀁐􀀮􀁅􀀮􀀠Director ofPublic Works Council Agenda Item #-"-R.. /q SUMMARY: This item is to request Council consideration of a resolution authorizing condemnation for the acquisition of a 0.6430 acre tract of land owned by Motel 6 Operating, L.P., et al,' for permanent right-of-way from the Roadway Inn Addition (located generally at 4301 Belt Line Road). fiNANCIAL IMPACT: Budgeted Amount: N/A Appraised Value: $332,795.00.00 Source of Funds: Funds are available from Year 2000 and/or 2002 General Obligation Bond Program, Project No. 83300. BACKGROUND: The right-of-way acquisition process is currently underway on the proposed Arapaho Road, Phase illproject. Approximately 0.6430 acre of permanent right-of-way for the proposed extension of Arapaho Road (see attached Parcel 6 map) is required as part of the proposed roadway improvements. This parcel is a portion of the Roadway Inn Addition, and is owned by Motel 6 Operating L.P. In October 2001, the firm of Evaluation Associates appraised the fee simple value of the 0.6430 acre of right-of-way at $332,795.00, which included compensation for improvements (tennis court, fencing, etc.) in the amount of $52,715.00. Staff has made several unsuccessful attempts to negotiate with the owner. On June 26, 2002, the Town submitted a final offer to the property owner (see attached letter), which included ail. offer of $332,795.00. However, the property owner did not formally respond to the Town within the required thirty (30) day period of time. RECOMMENDATION: It is recommended that Council approve a resolution determining the necessity of acquiring the real property owned by Motel 6 Operating L.P., et aI, and authorize its condemnation and/or appropriation for public use in connection with the realignment and extension of Arapaho Road. TOWN OF ADDISON, TEXAS RESOLUTION NO. R'--___ A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS DETERMINING THE NECESSITY OF ACQUIRING THE HEREINAFTER DESCRIBED REAL PROPERTY OWNED BY MOTEL 6 OPERATING, L.P., ET AL. AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE IN CONNECTION WITH THE REALIGNMENT AND EXTENSION OF ARAPAHO ROAD IN ADDISON, TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That for the purposes of this Resolution, the following definitions of terms shall apply: "PROPERTY": The areas described in Exhibit "AU attached hereto and made a part hereof for all purposes. "PROPERTY INTEREST": Fee simple title to the land described In Exhibit "A" attached hereto and incorporated herein. "PROJECT": Realignment and extension of Arapaho Road, Addison, Texas. "OFFER AMOUNT"; Three Hundred Thirty Two Thousand Seven Hundred and Ninety Five and No/IOO Dollars ($332,795.00). "OWNERS": Motel 6 Operating, L.P. Motel 6 G.P., Inc., general partner partner of Motel 6 Operating, L.P. Georges Le Mener, individually and as officer of Motel 6, G.P., Inc. "TENANTS/OWNERS": jojos Restaurants, Inc. SECTION 2. That it is hereby detennined that public convenience and necessity requires that the Town of Addison should acquire the PROPERTY INTEREST in, over, and across the PROPERTY necessary for the PROJECT. SECTION 3. That the PROPERTY is hereby detennined to be necessary for the PROJECT. That for the purpose of acquiring the PROPERTY INTEREST in, over, and across the PROPERTY, the City Manager, or such employee as he may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY to be acquired and full damages allowable by law, which amount represents its fair cash market value. SECTION 4. That the Town of Addison detennines to appropriate the PROPERTY INTEREST in, over, and across the PROPERTY for the PROJECT under the laws of the State of Texas and the provisions of the Charter of the Town of Addison. RESOLtmONN(1 R ____,PAGEI SECTION 5. That, in the event the OWNERS accept the OFFER AMOUNT as authorized herein, the City Finance Director be and is hereby authorized to draw a check in favor of the OWNERS named above, or the current owners of record, in the OFFER AMOUNT. SECTION 6. That the City is to have possession of the PROPERTY on closing; and the City will pay any title expenses and closing costs; and the City will pay court costs as may be assessed by the Special Commissioners or the court. SECTION 7. Should the employee designated to make the official offer report to the City Attorney that the OWNERS have refused to accept the OFFER AMOUNT as compensation for the hereinabove described taking from the OWNERS under the laws of eminent domain, which amount the City Council deems to be the fair cash market value and all just compensation, in compliance with the laws of the State of Texas, this will be evidence that the Town of Addison cannot agree with the OWNERS as to the damages legally allowable by law. In such case, the City Attorney is authorized and directed to file the necessary suit and take the necessary action for the prompt acquisition of the PROPERTY in condemnation or in any manner provided bylaw. SECTION 8. That in the event the Special Commissioners in Condemnation appointed by the court return an award that is the same amount or less that the OFFER AMOUNT, the City Finance Director is hereby authorized to issue a check not to exceed the amount of the Commissioners'award made payable to the County Clerk of Dallas County to be deposited into the registry of the court to enable the City to take possession of the PROPERTY without further action of the City Council. SECTION 9. That in the event it is subsequently determined that additional persons other than those named herein have an interest in the PROPERTY, then the City Attorney is authorized and directed to join said parties as defendants in said condemnation suit. SECTION 10. That this resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made and provided. PASSED AND APPROVED this ___day of _______, 2002. Mayor Town of Addison, Texas ATTEST: APPROVED AS TO FORM: Carmen Moran, City Secretary Ken C. Dippel, City Attorney RESOLUTION NO. R'_____􀀮􀁉􀀧􀁾􀁇􀁅􀀲􀀠"-_..... ,... , ... .,. IIJ< FI-3 "EXHIBIT A" Parcel 6 Field Note Description Arapaho Road Project Town of Addison Dallas County, Texas BEING a description of a 0.6430 acre (28,008 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 4.9814 acre tract of land as conveyed to Motel 6 Operating L.P. on February 1, 1990 and recorded in Volume 90024, Page 0779 of the Deed Records of Dallas County, Texas, said called 4.9814 tract being all of the Rodeway Inn, an addition to the Town of Addison, as evidenced by the plat dated January 16, 1981 and recorded. in Volume 81052, Page 0775 of said Deed Records, said 0.6430 acre tract of land being more particularly described by metes and bounds as follows; BEGINNING at a 1/2 inch iron rod found in the proposed North right of way of Arapaho Road and the South right of way line of a 100 foot wide railroad right of way as conveyed to Dallas Area Rapid Transit Property Acquisition Corporation (herein referred to as DART) on December 27,· 1990 and recorded in Volume 91008, Page 1390 of said Deed Records, said point being the common Northwest corners of said called 4.9814 acre tract and said Rodeway Inn and Northeast corner of a called 3.334 acre tract of land as conveyed to Addison, R. E. on September 15, 1995 and recorded in Volume 95181, Page 03931 of said Deed Records, said called 3.334 acre tract being all of the Iceoplex Addition, an addition to the Town of Addison, as evidenced by the plat dated on September 20, 1995 and recorded in Volume 95210, Page 03012 of said Deed Records; THENCE, SOUTH .89°58' 49" EAST, along the common proposed North right of way line of Arapaho Road, North line of said called 4.9814 acre tract and South right of way line of said DART railroad, a distance of 268.11 feet (said line being called South 88°51'59" East -76.23 feet and South 89°11'14" East 216.99 feet) to a 5/8 inch iron rod set for the beginning of a tangent curve to the left; PARCEL 6 -ARAPAHO ROAD PROJECT THENCE, EASTERLY, continuing along said common line and along the arc of said curve to the left having a radius of 2,914.79 feet, a central angle of 2°03' 16", a chord bearing North 88 °59' 33" East for 104.51 feet, for an arc distance of 104.52 feet (said curve being called North 84°35' 23" East 79.73 feet) to a 5/8 inch iron rod set for the common Northeast corner of said called 4.9814 acre tract and Northwest corner 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 said Deed Records, said called 4.1525 acre tract 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; THENCE, SOUTH 00°24' 10" EAST (called South 00°27' 09" East) t departing said common line· and along the common East line of said called 4.9814. acre tract and West line of said called 4.1525 acre tract, a distance of 80.83 feet to a 5/8 inch iron rod set in the proposed South right of way line of Arapaho Road; THENGE, NORTH 89°58'49" WEST, departing said common line and along the proposed South right of way of Arapaho Road, a distance of 296.05 feet to a 5/8 inch iron rod set in the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract; THENCE, NORTH 00°31' 18" WEST (called North 00°28' 23". West), departing said line and along the said common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 19.13 feet to a 1/2 inch iron rod found 􀁾􀁯􀁲􀀠a common interior ell corner of said called 4.9814 .acre tract and the most Easterly Northeast corner of said called 3.334 acre tract; THENCE, SOUTH 89°55' 39" WEST (called North 88°51' 59" West), along a South line of said called 4.9814 acre tract and a North line of said called 3.334 acre tract, a distance of 75.91 feet (called 75.60 feet) to a 1/2 inch iron rod found for the common most most Westerly Southwest corner of said called 4.9814 acre tract and an interior ell corner of said called 3.334 acre tract; THENCE, NORTH 00°59' 43" WEST (called North 01°04'54" . West), along the common West line of said called 4.9814 acre tract and East line of said called 3.334 acre tract, a distance of 59.96 feet (called 60.10 feet) to the POINT OF BEGINNING; PARCEL 6 -ARAPAHO ROAD PROJECT CONTAINING an area of 0.6430 acres or 28,008 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. 􀁾􀁾􀀩􀁻􀁴􀀠􀁾􀀯􀁉􀀭􀀯􀁾􀀭􀀿􀀧􀁬􀀠Ayu R. Sandhu, R.P.L.S. Texas Registration No. 2910 Page :3 of 3 EVALUATION ASSOCIATES RIGHT OF WAY LAND RIGHTS ANALYSIS' APPRAISAL' ACQUISITION' SOLUTIONS. ] SUMMARY OF SALIENT FACTS AND CONCLUSIONS ] . ARAPAHO ROAD PROJECT Property Owner. Motel 6 Operating LP. ] Parcel No.6 Valuation Conclusion: ] Whole Property (Land Only) Proposed Acquisition 1 Remainder Before Acquisition Remainder After Acquisition Loss in Value ofRemainder After ) Determination ofCompensation: PennanentFUghtofVVay) Compensation for Improvements (tennis court, fencing) Landscaping (None -Replacement) ] Total Compensation Date ofAppraisal:J Location:J 1 Legal Description: ) Land Size: ] Zoning: 1 Highest and Best Use: As ifVacant BEFORE: ) As ifVacant AFTER: . $2,170,000 $ 280,080 $1,889,920 $1,889,920 $ -0$ 280,080 $ 52,715 $ -0$ 332,795 October 5, 2001 . 4301 Belt Line Road, Town ofAddison, Texas Roadway Inn Addition, Town of. Addison, Dallas County, Texas . Whole Property (per DCAD records) 4.97934 Acres FUght ofway Area 0.6430 Acres SU, Special Use Permit, Planned Development District Commercial Commercial use Commercial use 11615 Forest Central Drive' Suite 205 • Dallas, Texas 75243·3917 • (214) 553·1414 ----. (CAU£D Nea'S'I'59"W-75.fiC'" I 1/:"'-jP-"lit, LINE BEARING DIST CAU£.' U N 00"31'18-W 19.13' DAllAS AA£A RAPID lRANSIT PROPERlY ACQUISI110N CORPORATION (100'-R:O:W:) =lJSER 27, 1990Ii![!))W􀁾􀁏􀁏􀁛􀀡􀀩􀀩􀀠©OOM: $llDIlilWIi!'\i' VOL. 91008, PG. 1390 D.R.D.C.T. n;;t;􀁾􀀽􀀺􀁩􀁩􀁬􀁾􀂮􀀠¢ 􀁾􀀠J, 􀁾􀀠f 0_4:1.5 􀁾􀀠􀁾􀀠.. , 11 CCA!..1!:D S88"51'59-£ -'18.23' • sa9'11'14-[ -216.99') 􀀭􀀭􀁾􀀻􀀮􀀬.... ." .....-P.O.B S 89'58'49' E 268.11' Cl 􀁦􀀺􀁾􀀢􀀢􀀢􀀻􀀻􀀮􀀻􀀻􀁴􀀠.----.'-"'" 􀁾: rr,;,;:.c 􀀱􀀵􀀧􀀢􀁩􀁩􀁁􀁉􀁾􀁉􀀻􀁜􀀼􀁅􀁁􀁓􀁩􀀾􀁬􀁴􀀠'--'--..•􀀭􀀭􀀮􀀭􀀭􀀮􀁾􀀮\,. !t n , ........J .. ------.---;;---J-=-"'-=--',nT--C' AS 'I C 111'1 C 1111 1 r r ---'-.---\-------,u/'IUU ARAPAHO ROAD -0' (&I' R.o.W.) '!JANUARY 16, 1981° VOL. 81052, PG. 0775 J. 􀁾􀁒􀁯􀁲􀁁􀁁􀀢􀀢􀀭� �􀀧􀀢􀀠TO,ROADO.R.D.C.T. Ki' 􀁾􀁾􀁾􀀠􀀡􀁲􀁾􀀱􀁩􀀧􀁾􀀧......,," 􀁾􀀱􀀱􀁕􀀷􀀶􀀧􀀹􀀮􀁖􀀮􀀱􀁬􀁴􀀮􀀧􀁦􀁾􀀠 ICE OPLE X SEPTEMBER 20. 1995 VOL. 95210. PG. 03012 • D.R.D.C.T. ADDISON R.E. CAliED 3.334 ACRES SEPTEMBER 15. 1995 VOL. 95181. PG. 03931 O.R.D.C.T. NOTES: ALL EASEMENTS SHOWN ARE TAKEN FROM lHE PLATS INDICATED 􀁾􀁾􀁾􀁾􀁾􀁩􀁙􀀠􀁾􀀮􀁩􀀠􀁁􀁾􀁒􀁾􀀧􀀱􀁾􀁅􀁾􀁾􀁎􀀸􀁉􀁬􀁾􀁗􀁾􀁾􀁔􀁓􀁾􀁾􀁗􀁾� �􀁂􀁊􀁅􀁃􀁔􀀠ALL BEARINGS ARf REfERENCED TO lHE NOR11i RIGHT Of WAY ,LINE OF CENWRION WAY. CAliED S 89'51'55" E. ACCORDING TO THE FlNAL PLAT Of LOT 3. SURVEYOR ADDITION. RECORDED IN VOL 77173. PAGE 135. D.R.D.C.T. •A LEGAL DESCRIPTION Of EVEN SURVEY DATE HEREWITH • ACCOMPANIES .lHIS PLAT. II 􀁲􀀮􀀺􀁡􀀮􀁾􀀠! -. r RODE WAY INN MOTEL 8 OPERATING L.P. JANUARY 16. 1981 CAll£D 4.9814 ACRES VOL. 81052, PG. 0775 fEBUARY t, 1990 D.R.D.C.T. VOL. 90024, PG. 779 D.R.D.C.T. • DENOTES A fOUND POINT AS INDICATED • DENOTES A 5/8" IRON ROD SET UNLESS OTHERWISE NOTED ---PROPOSED RIGHT Of WAY LINE LINE TA!!LE 􀁾􀀠􀁾􀀠􀁾􀀬􀀮􀀬􀀠J f􀁾􀀺􀀢􀁾j:: e··s". "'f'Q"8l· i.,·• " ADDISON RESTAURANT PARK MARCH 9. 1988 VOL 88066. PG. 4219 O.R.D.C.T. HERITAGE INN NUMBER XIII. LIMITED PARTNERSHIP CALLED 4.1525 ACRES JANUARY 24, 1997 VOL. 97018, PO. 00073 DR.D.C.T. PARCEL 6 A PLAT OF A 0.6430 ACRE (26,006 SQ. FT.) ,. 1RACT OF LAND IN THE EDWARD COOK SURVEY ABS1RACT NO. 326 TOWN OF ADDISON DALLAS COUNTY, 1£ XAS 50 02550 l000'i-_ ......_ . 'GRAPHIC SCALE 1 INCH 􀁾􀀠50 FT. OFFICE OF THE CITY MANAGER (972)450-7000' FAX(972)450-70 Road 􀁾'" nifnlmlzlt 1be pecspective or view 0'1 an IIIIley way lIS the rear of the PfO\2elty that hlil$ little curb appeal. VManeellj An nlllDllSSmY vatilnc&8 grl!ln\ecl "V and made Of"record 􀁴􀁾the Town Of A1fdilon to make the property compliant wllh ill/"City and County building. land ulle codes. TIle tGtaI c;ollnler v«er Is. $117,972 1111& counbilr offer esI1umn there "BAt no addillciflal damageato U1e Motel IS progeny beyond tIl.-deacrilied 'n Ibe city'siDiglnal offlII' and notlfied above alld lunher thaI all 􀁾􀀱􀀨􀁬􀀱􀁙􀀡􀁉􀀠dl8lmrge and utility system. will be In piece at lba1lOle 􀁥􀁾of the Town ofAddison. AI wv have now eomplled With 1Mlequest for .. COtJn\w O1fer. pleaae IIdVl$t by what daleyou 􀁲􀁥􀁱􀁾pe8leBlllon ofthe proporty. plan to mitigate nolee and ditruption 10 lhe P.11Y during conwuetfon and antIoJpa!alS eonstllJCtfon stan and completion dates"Within 100 yatds of the Met" 6 􀁰􀁲􀁥􀁾􀀮􀀠IfyOU Qf the Mayor wOlllcllilCe to 􀁤􀁩􀁬􀁬􀁃􀁕􀁾th..CQIlnI.9r ot!IJr WIth me.....call m& dftct at 􀀹􀀷􀁾􀀭􀀱􀀰􀀲􀀢􀀸􀀲􀀳as It 􀁾􀁕􀁬􀁤be lI'IV:pleQlnllO meat With ei\hI!r or you at your COIlwentenc:e. Ifthis couPler offer 18 accep\etl by1l1e Town of Addison. I willlMlet the AcI:Qr economy Lodging ReaI"Estate & Development Committee',. apPtOVallmmediate/y. TOTAL p.03 Mr. Randy Lee VICtll'resi@nt Accor Economy Lodging :t4.ti5:tDallas Parkway;. Suit(l, 500 Dallas, Texas 75254 . ItE! 􀀨􀁬􀀻􀀻􀀹􀀴􀀺􀀳􀀨􀁽􀀺􀁁􀁣􀁉􀀧􀁥􀁳􀀺􀁾􀁡􀁴􀁍􀀺􀁾􀀴􀀳􀀧􀁏􀀺􀁴􀁂􀁩􀁉􀁬􀀻􀁊􀀻􀀻􀁩􀁉􀁊� �􀀠:rtQIld.. Roadway Inn Addition, Edward Cook Survey, Abstract No. 326 Dear Mr. Lee: TloallH you.foqzow:: S9!1emlrec 25;:-2ilil2:::lettm::-sillilll;II;!lg acOU!I!el pn'I".sal to: 􀁴􀁨􀁥􀀺􀁾􀁷􀁮􀀠of Addison for the purchase of the above-referenced property in connection with the Town's Axapaha.Rnad:-Extensjon .PmjEct:: We:1mre:re:v;ewed YO='"''III!er proposa1:and:delel !II;􀁉􀁬􀁥􀀡􀁾that the Town cannot accept your offer. Thus, we will proceed to acquire the necessary property tlu:uugb:the! a !II! Je""IMinD flll1LIZlL 3houfd:.you:1mre:a1W 'I'leS! i. "'s,.pl.ea:se:::reaIJiee:to: 􀁾􀀧􀀱􀁴me or Mr. Mike Murphy, Director ofPublic Works, at (972) 450-2871. Ron Whitehead 􂂬􀁩􀁴􀁹􀁾􀁦􀁡􀁲􀁬􀁡􀁧􀁥􀁬􀀠furthe:TuWIL.ofA,J,Jis!'li· 9727625972 ACCOR ECONOMV LODGIN PAGE 61 Accor North America 14651 Dull•• P.!lmmtml o P_RopIy RE: Arapaho Road Extension Note&lCOmmom/l$; Tile information contained in thi.I.""lmue m.nomlosion Is coofidential and 10 Intanded 􀀤􀀰􀀱􀁾􀀱􀁹􀀠for III. U8. of tha indMdOliI Of en!lly named above. Ifyou are not tho intended mclplant. you $tO h"",by notified that any dlsd""u .... copyine, disbibution, or taking anyadioo in I'9"tianee on th& CCnt9t)tIi ofthIS fat:simile transmission is strictly prohlblttd and may viQl31e applicablo low. 11 yOY have recetvMf this facstmuo In error, pl/'loee fIOti1y sender immediately by telephone to IJmmge for the return of the original transmissIon to this company. Solitel Novotel Ibis Red Roof Inms Motel 6 studio 6 9727025972 ACCOR ECONOMY LODGIN PAGE 62 I\.ccor Economy Lodging 14651 D_ POli:way, Sie SOQ >allas, TX 75254 􀁲􀀮􀁾􀀠972,38<)-6161, October 8, 2002 Mayor R. Scott Wheeler Town of Addison 5300 Belt line Road Dallas, TX 75254-7806 Via Fax 972-450-7043 RE: Arapahoe Road Extenslor'l 1Motel 8, Dear Mr. Mayor: I'm writing this letter to you as Ron Whitehead has notified me that the Town of Addison it intends to take part ofthe property and improvements at the Motel 6 in Addison through eminent domain. ! must tell you that I am very disappointed at the approach used by the Town of Addison, The following sequence of events I believe have resulted in the Town of Addison perceived need to go to court as opposed to working with Motel 6 and addressing our concerns, ' , • In the Spring of 2002 we were provided a Summary of Salient Facts and Conclusions (dated 1(1512001) to value the land and improvements on behalf of the City of Addison. This Summary of Salient Facts and Conclusions did not accurately reflect our property value or scope of damages, .. On May 29, 2002, I responded with a detailed letter advising Dl,Ir concems to the Summary of Salie'nt Facts and Conclusions. The response from the Town of Addison on June 29, 2002 was to either to accept the value in the Summary of Salient Facts and Conclusions or it was prepared to go to court. • On September 25, 2002. after multiple request by the Town of Addison, I made a counter offer. .. I have now been advised the counter offer of September 5, 2002 was unacceptable and the Town ofAddison intends to go to court. What is unsettling is the Town of Addison never responded with its concerns or objections to my letter of May 29, 2002 that responded to the Summary of Salient Facts and Conclusions provided by the Town of Addison or my subsequent counter offer of September 25, 2002. The position from the Town of Addison appears to be, take what we'lf give you or we're going to court. The Town of Addison's offer is profoundly low, uses poor comparables and has missed the '37271:)25972 ACCOR ECONOMY LODGIN PAGE 133 $!;Jope of MotelS's damages. I have made two attempts to address Motel 6's value and damages in my letter of May 29, 2002 and counter offer of September .. 25, 2002 to reconcile the issues. 1do not know why the Town of Addison will not respond to these issues. -I do 􀁢􀁥􀁬􀁩􀁥􀁹􀁾􀀠that if this issue goes to court, the Town of Addison's approach will not be appreciated by the presiding judge as it gave us no option to trUly defend our challenges to the Town of Addison's value and find a non litigious solution. I would very much like to meet with you to discuss this issue. If you ean meet with me, please call me at 972-702-6823. 􀁾􀀠Randy Lee Vice President Real Estate & Development , ,fot1/1r4G 􀁾􀀠OUOrUM 􀁾􀀠IJ1Atlt f NA(JA-i40 􀁾􀀠/YlE7RO 62/cK. -􀁦􀀧􀁾􀀠CLiff 􀀯􀁊􀀱􀀨􀁾􀀠􀁾􀁁􀁏􀀠/# M()lVV/"vb