HomeMy WebLinkAboutResolution 1994-022
RESOLUTION NO. 94-22
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The Mayor be, and is hereby authorized to execute that
certain agreement between the May Department Stores Company, G.C.
Metroplex, Inc. and the City of North Richland Hills, Texas, a
copy of which is attached hereto, as the act and deed of the
City.
Passed and approved this 9th day of May, 1994.
APPROVED:
M~
ATTEST:
~ ~
d/þ{~./ ¿/~
Y Secretary
APPROVED~
.
Attorney for City
041894
AGREEMENT
This Agreement (this "Agreement") is made as of the day
of , 1994, by and among The May Department stores
Company, a New York corporation ("Mayn), having its offices at
611 Olive street, st. Louis, Missouri 63101, G.C. Metroplex,
Inc., a Texas corporation ("Golden Corral"), having its offices
at 1016 Diamond Boulevard, southlake, Texas 76902, and the City
of North Richland Hills, Texas ("city"), having its offices at
7301 Northeast Loop 820, North Richland Hills, Texas 76180.
RECITALS
A. Primary properties corporation ("PPC"), a wholly owned
subsidiary of May, is the owner of three parcels of land which
constitute portions of, or land peripheral to, North Hills Mall
(the "Center") in the city of North Richland Hills, Texas. The
three parcels of land are described respectively on Exhibits A-1
(the "Main Foley's Parcel"), A-2 ("Residual Parcel NO.1") and A-
3 ("Residual Parcel No.3") .
B. May has entered into a purchase and sale agreement for
the purpose of selling a portion of Residual Parcel No. 1 to
Golden Corral, and May expects to enter into a purchase and sale
agreement for the purpose of selling all of Residual Parcel No. 3
to a retail user (the "Residual Parcel No. 3 Buyer").
C. In connection with the purposed development of Residual
Parcel No.1 and Residual Parcel No.3, May and the City desire
to provide for the construction of a road through portions of the
1
Main Foley's Parcel and Residual Parcel No. 1 at least from
Grapevine Highway to Calloway Branch Channel at the approximate
location designated on the plan attached hereto as Exhibit B (the
"site Plan").
D. The land on which such road is to be constructed is
designated on the site Plan as the "New Public Road" and is
intended to be transferred by PPC to the city in accordance with
the terms of this Agreement. The City intends to permit Golden
Corral to construct the New Public Road, a full movement
signalized intersection at Grapevine Highway and certain other
appurtenances and improvements (collectively the "Construction
Workn) in accordance with the terms of this Agreement. In
consideration for the construction Work, May will make a certain
cash payment as hereinafter described in this Agreement.
NOW, THEREFORE, for mutual consideration, the receipt and
sufficiency of which are hereby acknowledged, and intending to be
legally bound hereby, May, Golden Corral and the City agree as
follows:
SECTION 1
CONVEYANCE OF THE LAND
subject to all of the terms, conditions and provisions of
this Agreement, May agrees to cause PPC to transfer and convey to
the city, and the city agrees to accept, all of PPC's right,
title and interest in and to that certain real property (the
"Real Property") containing approximately 47,000 square feet of
land area on which the city will cause Golden corral to construct
the New Public Road. The Real Property is located as shown on
2
the site Plan as the New Public Road. The City will accept the
Real Property as a public road in accordance with the terms of
this Agreement.
SECTION 2
MAY'S CONTINGENCIES
The obligation of May to consummate the transactions
contemplated by this Agreement is subject to May:
(a) entering into agreements, satisfactory to May,
with the developer and the major department stores which own
portions of Center, to permit the construction of the New
public Road, the New Access Road, a full movement signalized
intersection at Grapevine Highway and other improvements and
the transactions contemplated by this Agreement, on or
before May 15, 1994 (the "Decision Date");
(b) completion of closing under agreements for the
sale of a portion of Residual Parcel No. 1 to Golden Corral
and for the sale of Residual Parcel No. 3 to the Residual
Parcel No. 3 Buyer, on or before the Decision Date; and
(c) confirming that any applicable subdivision,
platting or similar requirements will be satisfied and all
permits and licenses may be obtained by Golden Corral and
Camco, on or before the Decision Date.
If these conditions precedent have not been satisfied or
waived by May on or before the Decision Date, May at its option
may elect to terminate this Agreement, in which event none of
May, Golden Corral nor the city shall have any liability under
this Agreement.
3
SECTION 3
PHYSICAL CONDITION OF THE REAL PROPERTY
May shall cause PPC to convey the Real Property to the city
in the physical condition in which it may be on the Closing Date.
For a period of thirty (30) days after the date of this
Agreement, the city will have the opportunity to review the
physical condition of the Real Property to determine whether or
not it is in an acceptable physical condition. If the City
determines, in its discretion, that the Real Property is not in
an acceptable physical condition, then the City shall have the
right to terminate this Agreement by giving written notice to May
within thirty (30) days after the date of this Agreement. In the
absence of such notice of termination, the Real Property shall be
transferred, and the City agrees to acquire the Real Property in
its "as is" and "with all faults" condition with respect to its
physical condition. The city shall not be acquiring title to the
Real Property in reliance upon any statement or representations
with respect to the physical condition, express or implied, made
or alleged to be made, by May, PPC or any person, firm, agent
acting or purporting to be acting on the behalf of Mayor PPC.
SECTION 4
CONDITION OF TITLE
May shall cause title to the Real Property to be conveyed to
the city free and clear of any and all monetary liens and
monetary encumbrances including, without limitation, all
mortgages and deeds of trust. Title shall be subject to the
conditions and exceptions set forth on Exhibit C. For a period
4
of thirty (30) days after the date of this Agreement the City
will have the opportunity to review the condition of title of the
Real Property and determine whether or not it is in an acceptable
condition. If the City determines, in its discretion, that the
Real Property is not in an acceptable title condition, then the
city shall have the right to terminate this Agreement by giving
written notice to May within thirty (30) days after the date of
this Agreement. In the absence of such notice of termination,
the Real Property shall be transferred, and the city agrees to
acquire the Real Property subject to the conditions and
exceptions set forth on Exhibit C.
SECTION 5
DEED
May agrees to cause PPC to convey, and the City agrees to
accept, PPC's title to the Real Property by special warranty deed
(the "Deed"), subject to all exceptions listed on Exhibit C and
otherwise in the condition described in this Agreement, and no
provision or warranty in the Deed (whether expressed, implied,
statutory or otherwise) shall be construed to expand upon the
warranties of Mayor PPC herein or to reduce the limitations and
disclaimers of May's representations and warranties herein, all
of which such limitations and disclaimers shall survive and not
merge into the Deed. Not later than thirty (30) days after the
date of this Agreement, Golden Corral shall obtain a survey of
the Real Property (the "survey") from a licensed surveyor and
shall deliver the Survey to the city and May. The City shall be
solely responsible for and shall promptly after demand reimburse
5
Golden corral for the cost of the Survey, except that May shall
reimburse Golden corral, promptly after demand, for the
reasonably allocated cost of that portion of the Survey which is
attributable to the surveying of the property to be conveyed to
Golden Corral. The legal description used in the Deed shall be
the legal description indicated by the Survey.
SECTION 6
PURCHASE PRICE
The purchase price which May agrees to accept and the City
agrees to pay as full compensation for the Real Property is One
Dollar ($1.00) (the "Purchase Price"). The city shall pay the
Purchase Price to May at the Closing.
SECTION 7
WARRANTIES
Section 7.1
Mav's Representations.
May represents and warrants to the city and Golden Corral
that:
(a) May is a corporation duly organized, validly
existing and in good standing under the laws of the State of
New York, PPC is a corporation duly organized, validly
existing and in good standing under the laws of the State of
Delaware, both May and PPC are authorized to do business in
the State of Texas, both duly authorized the execution and
performance of this Agreement, and such execution and
performance will not violate any term of their certificates
of incorporation or by-laws;
6
(b) No petition in bankruptcy (voluntary or
otherwise), assignment for the benefit of creditors, or
petition seeking reorganization or arrangement or other
action under Federal or state bankruptcy laws or any similar
proceeding relative to bankruptcy, insolvency or relief for
debtors is pending against or contemplated by Mayor PPC;
and
(c) There is no outstanding litigation, whether
pending or threatened, affecting the Real Property which
would be reasonably expected to result in a lien on the Real
Property at the Closing.
section 7.2 citv's Representations.
City represents and warrants to May and Golden Corral that:
(a) city is a Municipal corporation organized and
validly existing under the laws of the State of Texas, and
has duly authorized the execution and performance of this
Agreement;
(b) pursuant to applicable legal processes, City has
authorized the construction of the New Public Road and New
Access Road and has set aside and lawfully appropriated for
its current fiscal year such funds, if any, which when added
to the Total May contribution, will be necessary for the
completion of all work by the City in accordance with the
Terms of this Agreement.
7
section 7.3 Golden Corral's Representations.
Golden Corral represents and warrants to the city and May
that:
(a) Golden Corral is a corporation duly organized,
validly existing and in good standing under the laws of the
state of Texas. Golden corral duly authorized the execution
and performance of this Agreement, and such execution and
performance will not violate any term of its certificate of
incorporation or by-laws; and
(b) No petition in bankruptcy (voluntary or
otherwise), assignment for the benefit of creditors, or
petition seeking reorganization or arrangement or other
action under Federal or state bankruptcy laws or any similar
proceeding relative to bankruptcy, insolvency or relief for
debtors is pending against or contemplated by Golden Corral.
Section 7.4 Brokers.
May, Golden Corral and the city each represent to the others
that it has had no dealings, negotiations, or consultations with
any broker, representative, salesperson, employee, agent or other
intermediary in connection with this Agreement or the sale or
purchase of the Real Property. May, Golden Corral and the City
each agrees that it will indemnify, defend and hold the others
harmless from the claims of any brokers, representatives,
salespersons, employees, agents or other intermediaries claiming
to have dealt with it in connection with this Agreement or in
connection with the sale or purchase of the Real Property. The
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obligations of May, Golden corral and the city contained in this
section 7.4 shall survive the Closing and not merge into the
Deed.
SECTION 8
CONSTRUCTION WORK
section 8.1
promptly after the Closing, Golden Corral shall commence the
preparation of plans, specifications, schedules and procedures
(collectively the "Plans") for:
(a) the construction of the New Public Road;
(b) the construction of a new access road, including
curbs (the "New Access Road") from the New Public Road to
the center at the location identified as the New Access Road
on the site Plan;
(c) the installation of curb cuts onto the New Public
Road at the locations identified on the site Plan;
(d) the location and use of temporary construction
easements relating to the construction of the New Public
Road, the New Access Road and the curb cuts;
(e) the construction and installation of a full
movement signalized intersection at Grapevine Highway; and
(f) the demolition of the existing access road (the
"Existing Access Road") identified on the site Plan,
including related removal of debris and restoration of the
land.
9
Golden Corral shall submit the Plans to May and the City not
later than 30 days after the closing Date for May's and the
city's approval or disapproval.
Neither May nor the City will unreasonably withhold or delay
their approval and in any event, May and the City will give
Golden Corral their written response within 20 days after May's
and the City's receipt of a complete set of the Plans. May and
the city will indicate any objections with specificity and Golden
Corral shall make any changes reasonably required to obtain May's
and the City's approval. The Plans shall provide for all
construction work to be at least equal in quality to similar
recently constructed roads of similar use and capacity in North
Richland Hills, Texas and shall be in compliance with all
applicable legal requirements.
section 8.2
Promptly after May's and the City's approval of the Plans,
Golden Corral shall commence construction and shall complete all
construction described in section 8.1 in accordance with the
Plans not later than 120 days after the closing. Upon completion
of construction, City and Golden Corral shall cause the New
Public Road, the New Access Road and the curb cuts to be fully
open and available for public use with all applicable permits and
licenses in effect.
section 8.3
City and Golden Corral shall promptly commence all
governmental processes and procedures necessary for the
10
authorization and funding of City's obligations under this
Agreement, including, without limitation, the adoption of
ordinances by its governing bodies, the issuance of all permits
and licenses and the making of applicable construction contracts.
city and Golden Corral shall also use their best efforts to
obtain requisite approvals and permits from the County of Tarrant
and state of Texas highway departments or other agencies to
construct the New Public Road and New Access Road and to
construct the full movement signalized intersection with
Grapevine Highway.
section 8.4
In consideration of Golden Corral's performance of the
construction and other work described in this Agreement, May
shall pay Golden corral the sum of One Hundred Seventy Nine
Thousand Dollars ($179,000) (the "Total May contribution"). May
shall pay the Total May contribution in two equal installments of
Eighty Nine Thousand Five Hundred Dollars ($89,500) each. The
first installment shall be paid within ten days after the date
when Golden Corral has notified May that Golden Corral has
completed the foundation for the New Public Road and New Access
Road. The second installment shall be paid within ten days after
the date when Golden Corral has notified May that Golden Corral
has completed all work described in section 8.1 and has delivered
final lien waivers with respect to all such work. The Total May
contribution is a fixed amount and shall not be subject to any
adjustment, upward or downward, whether the total cost to the
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City of all o~ the work is more or less than the Total May
contribution. In the event that the total cost of the
Construction Work exceeds the Total May contribution, the City
shall be responsible for such excess, except to the extent
provided to the contrary on a separate agreement, if any, between
the city and Golden Corral. The city reserves the right to
approve the contract for the construction Work and the contractor
who will perform the Construction Work.
SECTION 9
COSTS
section 9.1
The citv's Costs.
The city will pay the following costs of closing this
transaction:
(a) All fees and disbursements of its counsel;
(b) All state and local real property documentary or
other transfer taxes;
(c) All recording fees;
(d) All escrow fees relating to the transaction
between May and the City;
(e) All fees for a title report;
(f) Any other title insurance fees or costs for work
or policies ordered by the city;
(g) All costs and expenses relating to the inspections
of the Real Property;
(h) The cost of the Survey, except to the extent
provided in section 9.2; and
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(i) Any other closing costs, charges or expenses
incurred by the city or its representative(s) or to be paid
in inspecting, subdividing and platting or evaluating the
Real Property or closing this transaction except for May's
costs specifically set forth in section 9.2.
section 9.2 Mav's Costs.
May will pay:
(a) The cost of that part of the Survey attributable
to the cost of surveying the property to be conveyed to
Golden Corral pursuant to Section 5;
(b) All fees and disbursements of its counsel; and
(c) Recording costs for documents necessary to clear
title.
section 9.3 Golden Corral's Costs.
Golden Corral will pay:
(a) All costs of the Construction Work, subject to
reimbursement by May pursuant to section 8.4 and the terms
of any separate agreement between the city and Golden
corral; and
(b) All fees and disbursements of its counsel.
section 9.4 Prorations.
Real property taxes and assessments shall be prorated on an
accrual basis as of 11:59 p.m. of the day preceding the date of
closing. Taxes shall be prorated at the Closing based on the
most recent available tax rates and assessments.
13
SECTION 10
DEFAULT AND REMEDIES
Except as specifically otherwise provided herein, in the
event May, Golden corral or the City fails to comply with or
otherwise defaults in any of the terms, provisions, covenants or
agreements contained herein to be complied with or performed by
May, Golden Corral or the City, as the case may be, the
nondefaulting party shall have the rights and remedies provided
in this Agreement and those provided under applicable law.
Should any party to this Agreement fail to comply with any of the
material terms of this Agreement within the prescribed period,
the complying party, in addition to its rights in the preceding
sentence of this Section 10, shall have the option to cancel this
Agreement upon written notice, effective at once, after having
first notified the other party of the alleged breach and granted
such other party thirty (30) days to cure such breach. In any
case where this Agreement permits any party to cure any
condition, the party curing the condition shall have a period of
thirty (30) days from the other party's notice to complete the
cure, except where another cure period is specifically provided
by this Agreement.
SECTION 11
CLOSING
section 11.1
Closina Time and Place.
Subject to the terms, conditions and provisions of this
Agreement, closing (the "Closing") hereunder will take place,
subject to extension as provided in this Agreement, at 9 a.m.
14
local time on the sixtieth (60th) day after the date of this
Agreement (such date, as it may be so extended, being hereinafter
referred to as the "closing Date") at the offices of the Title
Company in Dallas, Texas, pursuant to an escrow arrangement with
the Title Company, or at such other place and time as may be
mutually agreed upon in writing by both May and the city.
section 11.2 Documents.
(a) At closing, May shall provide the following
original documents, each executed and acknowledged (as
appropriate):
(i) The Deed to the Real Property in
compliance with the requirements of Section 5;
(ii) An affidavit of non-foreign status,
certifying that PPC is not a foreign person as defined
in the Internal Revenue Code;
(iii) A secretary's certificate indicating the
authority of the person who signed this Agreement and
the closing documents to execute such documents on
behalf of May and PPC; and
(iv) An affidavit for the Title Company
regarding mechanics liens and parties in possession
relating to the Real Property.
(b) At Closing, the City shall provide the following
original documents, each executed and acknowledged (as
appropriate) :
15
(i) Reasonable evidence of the authority of
the City to perform its obligations under this
Agreement; and
(ii) A copy of any agreement between the City
and Golden Corral relating to the Construction Work.
(c) At closing, Golden Corral shall provide the
following original documents, each executed and acknowledged
(as appropriate):
(i) The Survey; and
(ii) The Plans, to the extent that they have
been prepared as of the closing Date.
section 11.3
Possession.
The City shall be entitled to possession of the Real
Property at the closing.
SECTION 12
NOTICES
Any notice required or permitted to be given hereunder shall
be deemed to be given only when given in writing and shall be
deemed given at the following times:
(i) on the day when hand
delivered (or when hand delivery is reasonably attempted during
normal business hours with delivery refused or the addressee
being not found), (ii) when received after being sent by Federal
Express or Airborne Express (or when delivery is reasonably
attempted during normal business hours with delivery refused or
the addressee being not found) or (iii) when received after being
sent by certified u.S. Mail, return receipt requested (or when
delivery is reasonably attempted during normal business hours
16
with delivery refused or the addressee being not found). To be
effective for purposes of this Agreement, any such notice must be
sent to the addressee at such party's address first named in this
Agreement (if to May, to the attention of its Executive vice
President - Real Estate, and with a copy to Ala~ Charlson, Office
of Legal Counsel, suite 1750, 611 Olive street, st. Louis, MO
63101-1797; if to Golden Corral to the attention of Rich Wood,
1016 Diamond Boulevard, Southlake, Texas 76902, and with a copy
to Harold s. stern, Gaines & stern, 1350 Euclid Avenue,
Cleveland, Ohio 44115; and if to the City to the attention of
C. A. Stanford, 7301 Northeast Loop 820, North Richland Hills,
Texas 76180, and with a copy to Rex McIntyre, Esq., 7301
Northeast Loop 820, North Richland Hills, Texas 76150, or in each
case to such other addressees) (but not more than two (2) in all)
as either party may from time to time designate in writing to the
other party by notice given as provided above.
SECTION 13
MISCELLANEOUS
section 13.1
Entire Aqreement.
This Agreement is the entire agreement between the parties
with respect to the subject matter hereof. No alteration,
amendment, modification or interpretation hereof shall be binding
unless in writing and signed by both parties. This Agreement
replaces in its entirety any and all prior understandings
concerning the Property and any and all matters relating to the
sale thereof.
17
section 13.2 Severabilitv.
If any provision of this Agreement or application to any
party or circumstances shall be determined by any court of
competent jurisdiction to be invalid and unenforceable to any
extent, the remainder of this Agreement and the application of
such provision to such person or circumstances other than those
as to which it is so determined invalid or unenforceable shall
not be affected thereby, and each provision hereof shall be valid
and shall be enforced to the fullest extent permitted by law.
section 13.3 Applicable Law.
This Agreement shall be construed and enforced in accordance
with the laws of the state of Texas.
section 13.4 Assianabilitv.
This Agreement may not be assigned by any Party.
section 13.5 Successors Bound.
This Agreement shall be binding upon and inure to the
benefit of May, Golden corral and the City and their respective
heirs, executors, personal representatives, successors and
permitted assigns.
section 13.6 No Recordina.
This Agreement shall not be recorded by any party.
section 13.7 captions.
The captions in this Agreement are inserted only as a matter
of convenience and for reference and in no way define, limit or
describe the scope of this Agreement or the scope or content of
any of its provisions. The captions do not add to or subtract
18
from the meaning of the contents of any part of this Agreement
and shall not be used in construing the meaning of any part of
this Agreement.
section 13.8 Attornev Fees.
In the event of any litigation arising out of this Agreement
the prevailing party shall be entitled to recover from the other
party, the prevailing party's reasonable attorney fees and
expenses of such litigation.
section 13.9 Time of Essence.
Time is of the essence of this Agreement.
section 13.10 Counterparts.
This Agreement may be signed in several counterparts, each
of which shall be deemed an original of this Agreement, and all
such counterparts shall constitute one and the same instrument.
The signature of a party to this Agreement on any counterpart may
be removed and attached to any other counterpart. Any
counterpart to which is attached the signatures of all parties
shall constitute an original of this Agreement.
section 13.11 Calculation of Ends of Periods/Deadlines.
Whenever in this Agreement it is provided that an action may
or must be taken or that an event is to occur within a specified
number of days, if the last day of the specified number of days
falls on a Saturday or sunday or a bank holiday, such last day
shall, instead of such Saturday, sunday or bank holiday, be
deemed to be the following business day after such saturday,
Sunday or bank holiday.
19
section 13.12
The Term "And/Or".
The term "and/or" as used herein means one or the other or
both, or anyone or ones or all, of the items or persons in
connection with which the words are used.
Section 13.13 Construction.
May, Golden Corral and the city have participated equally in
the preparation of this Agreement. This Agreement was subject to
revision and modification by both parties and has been accepted
and approved as to its final form by counsel for all parties.
Accordingly any uncertainty or ambiguity existing in this
Agreement shall not be interpreted against any party as a result
of the manner of the preparation of this Agreement.
IN WITNESS WHEREOF, May, Golden Corral and the City have
executed this Agreement effective as set forth above.
THE MAY DEPARTMENT STORES COMPANY,
a New York corporation
Attest:
By:
R. Dean Wolfe
Executive vice President
Alan Charlson
Assistant Secretary
Attest:
G.C. METROPLEX, INC.,
a Texas Corporation
By: ~,?J~
R',~dtA,.d It. Weed
p~S"", ~
THE CITY OF NORTH RICHLAND HILLS I
TEXAS
Attest:
By:
WI\RE\AEC00005.RE
20
EXHIBIT A-1
Legal Description of Main Foley's Parcel
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Page 3 of 3
EXHIBIT A-2
Legal Description of Residual Parcel No. 1
Being a tract of land out of the W.W. WALLACE SURVEY, ABSTRACT NO., 1606, and
being out of the Calloway Fann Addition, 3rd Filing, an Addition to the City
of Harth Richland Ht11s. Texas filed in Volume 388-126,' Page 89-89A, Tarrant
County Plat Recar.t1's"and being more' particularly described as follows:
BEGINNING at a point, said point being the intersection point of the
southeast corner of the Calloway Farm Addition, and th~ east right-of-way
line of Cagle St. (50' R.O.W.); ,
THENCE S 89°43'20· W, a.distance of 10.00 feet to a point for corner;
THENCE H 00016'35-·W, a distance of 80.00 feet to a point of èurvature¡
THENCE along a curve to the left, said curve having a central angle of
40°00'00., a radius of 942.77 feet, and an arc len~th of 658.18 f< to 'a point of
compound curvature;
THENCE along a curve to the left, said curve having a central angle of
30°26155", a radius of 526.50 feet, and an arc length of 279.80 feet to a
point of reverse curvature;
THENCE along, a curve to the right, said curve having a central angle of
90°00'00", a radius of 20.00 feet, and an arc length of 31.42 feet to a point of
tangency;
THENCE N 19°16'30" E, a distance of 219.90 feet to a point of curvature.
THENCE along a curve to the left, said curve having a central angle of
45°00'00", a radius of 456.56 feet, and an arc length of 358.58 feet to a
point of tangency;
THENCE H 25°43'30" W, a distance of 282.04 feet to a point of curvature;
. ,
THENCE along a curve to the left, said curve having a central angle of
31°30'55", 1 radius of 651.00 feet, and an arc length of 358.08 feet to a point of
reverse curvature;
THENCE along a curve to the right, said curve having a central angle of
79°35'40., a radius of 20.00 feet, and an arc length of 27.78 feet to a point
of reverse curvature;
THENCE along a curve to the left, said curve having a central angle of
64°29'29-, a radius of 210.00 feet, and an arc length of 236.37 feet to a
point of tangency;
THENCE H 42°08'15- W, a distance of 50.00 feet to a point of curvature;
Page 1 of 2
THENCE along a curve to the right, said curve having a central angle of
53007'48., a radius of 50.00 feet and an arc distance of 46.36 feet to a
point for corner;
THENCEN 47°51'45- E, a distance of 235.00 feet to a point for corner;
THENCE S 42°08'15- E, a dfstance of 160.00 feet to a point of curvature;
THENCE along a curve to the right, said curve having a central angle of
45°00'00·, a radius of 429.00 feet, and an arc length of 336.94 feet to a point of
tangency;
THENCE 5 02051'45. W, a distance of 218.31 feet to a paint of curvature;
THENCE along a curve to the left, said curve having a central angle of
40052100., a radius of 571.00 feet, and an arc length of 407.27 feet to a
point of tangency;
THENCE S 38000'15" E, a distance of 590.45 feet to a point for corner;
THENCE S 00016'35" E, a distance of 934.15 feet to the POINT OF BEGIHNIHG; and
containing 9.5223 acres of land.
Page 2 of 2
EXHIBIT A-3
Legal Description of Residual Parcel No. 3
Being a tract of land out of the W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and
being out of· the Calloway Farm Addition, 3rd Filing, an Addition to the City
of North Richland Rllls, Texas filed in VolL111e 388-126, Page 89-89A, Tarranty
County Plat Recot~{ and being more particularly described as follows:
COMMENCING at a point; said'point being the extreme northeast corner of the Calloway
Farm Addition and also ,being in the south right-of-way line of State Highway Z6-A;
THEHCE S 47·51'45- W. along the south right-of-way of State Highway 26-A. a distance
of 307.80 feet to an angle point;,
THENCE S 47°46'30· W, a distance of 372.20 feet to the POINT OF BEGINNING;
THENCE S 42°13'30· E, a distance of 32.59 feet to ~ Doint for corner;
THENCE along a curve to the left. said curve having a central angle of 17°28'27-, a
radius of 251.00 Feet, and an arc length of 76.55 feet to a point of tangency;
THENCE S 26·06'30· W, a distance of 315.01 feet to a point of curvature;
THENCE along a curve to the right, said curve having a 'central angle of 21°40'00-, a
radius of 469.00 feet. and an arc length of 177.35 ,feet to a point of tangency;
THENCE S 47°46'30" W, a distance of 146.40 feet to a point of curvature;
THENCE along a curve to the right. said curve having a central angle of 90·00'00·, a
radius of 20.00 feet and an arc length of 31.42 feet to a point of tangency¡
THENCE N 42°13'30" W, a distance of 167.10 ·feet to a point for corner, said point
being in the south right-of-way line of State Highway 26-A;
THENCE N 47°46'30" E. a distance of 36.00 feet to a point for corner;
THENCE N 42°13'30. W. a distance of 12.00 feet to a point for corner;
THENCE N 47°46'30. E, a distance of 670~62 feet to the POINT OF BEGINNING; and
containing 99.674.36 square feet or 2.2881 acreš of lana.
Page 1 of 1