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HomeMy WebLinkAboutBZA2011-08MEMORANDUM DEVELOPMENT SERVICES MEMO TO: BOARD OF ZONING ADJUSTMENT FROM: SCOTT WILLIAMS, DIRECTOR DEVELOPMENT SERVICES BUILDING OFFICIAL RON STOMBAUGH, PLANNING AND DEVELOPMENT MANAGER ALBERT L. TRIPLETT JR, PLANNER 11 SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA1 1-08 1701 WEST STATE HIGHWAY 114 �Svm inial"I gyn.,% i Staff recommends the Board of Zoning Adjustment den I the following variance's to the Grapevine Comprehensive Zoning Ordinance 82-73 for property located at 1701 West State Highway 114, legally described as Lot 2, Block 1, Wal-Mart Addition as follows: W f •41 - r . "I fff The applicant is requesting a variance for the illegal remodeling of a nonconforming use; specifically the removal of a four -foot (4') section of a billboard sign, and to add four -feet (4') to the opposite end of the sign. Section 43,.F., Nonconforming Uses and Structures, Limitations of Changing Nonconforming Uses prohibits changing a nonconforming use to another nonconforming use, and prohibits expanding a nonconform,ing use. The applicant cites Section 43.F,, as a section of the Grapevine Comprehensive Zoning Ordinance requiring a variance. However, the city has, never contended that there was a violation of this section of the Grapevine Comprehensive Zoning Ordinance. Staff finds that no special condition exists to support the request. CBS Outdoor, Inc. owns an off site advertising sign, located in front of the Sam's Club store, at 17011 West State Highway 114. On October 25, 2010, a letter was received from the law firm that represents CBS Outdoor, Rothfelder and Falick, L.L.P. ("applicant"), requesting permission to remove a portion of OAUW201 1\GaseslBZA 11 -08A an existing, off-site advertising sign, located at 1701 West State Highway 114 that would overhang newly acquired State Right of Way easement. On November 10, 2010, the State of Texas awarded damages to the property owners, of the property oin which the, subject sign its located, relative to the taking of the Right of Way easement. Temporary access was granted "for the sole purpose of removing those two (2) certain outdoor advertising, signs situated partially upon the herein described parcel and partially upon the remainder of the herein describe parcel." In response to the October 25, 2010, request by the applicant, the decision of the Building Official was provided to the appllicant, delivered through the City Attorney, Boyle and Lowry, on December 8, 201'0. This response clearly stated that City Ordinance would not allow the nonconforming sign to be moved, altered, or adjusted. Subsequent to and despite this decision by the Building Official, the, owner of the sign, CBS Outdoor, Inc., illegafly altered the sign, removing a four -foot (4') panel that would overhang the State Right of Way easement. No permit was requested or received for this work. On, February 22, 2011, the Building Official sent the applicant a letter, informing them that d'ue to the illegal remodeling of the sign, all legal nonconforming status, had been lost, pursuant to Section 43,0,2 of the Grapevine Comprehensive Zoning Ordinance. On February 24, 2011, the City Attorney also sent the applicant a similar letter, confirming that the legal nonconforming status had been lost due to the illegal remodeling, and demanded removal of the sign. On March 1, 2011, the applicant sent another, letter to, the City Attorney, admitting that CBS Outdoor altered the sign, despite the clear communication from the Building Official and City Attorney that the sigin could not be moved, altered, or adjusted. On March 8, 2011, an appeal was received in the Development Services Department, Si&kC.-ng be oved, altered, or adjusted. Section 68.H.3., Board of Adjustment, of the Grapevine Comprehensive Zoning Ordinance provides the Board of Adjustment to authorize upon appeal in special cases, such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provision of this Ordinance will result in unnecessary hardship, so that the spirit of this Ordinance shall be observed' and substantial justice done. will not result in unnecessary hardship for the applicant. Any hardship is clearly :self-iimposied as the appowingly and willfully proceeded in illegal remodeling of a noncoinformiing use in blatan' t disregard of the written direction and decision of the Building Officialland City Attorney. 03BZA\201 1 \CasesIBZA1 1-08.4 2 -6:: K'tW, 1"M7 7s 17, 7", =77, 1, IM, =71 � I -c lirdift;FW5,1701M, and it is staff's contention that the Board is not obligated to even hear this case. However, in the interest of closure, the Board may wish to hear the case prior to denying the variance request. Section 60, Sign Standards of the Grapevine Comprehensive Zoning Ordinance does not list billboards or off-site signs as permitted, functional or structural types of signs, making them (if they were originally legally permitted) nonconforming uses. Section 105 Permits, 105.1 Required of the 2006 International Building Code adopted by the City of Grapevine effective July 1,?, 2007 states, "Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit." MITM Ms, M-7-01 wit7t Uri I IMUT1 signi. No building permit was ever requested or received forthis illegal alteration, constituting a violation of the building code adopted by this city relativeto this nonconforming use. Section 60.A, Sign Standards, Sign Permits of the Grapevine Comprehensive Zoning Ordinance states, "No sign, except for signs listed in Section 60, shall be painted, constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has been obtained in accordance with the procedure set out in this Ordinance. No zoning permit for any sign shall be issued unless the sign complies with the regulations of this Section 60." The subject s,ign was illegally remodeled in violation of this provision, constituting a violation of the Grapevine Comprehensive Zoning Ordinanol relative to this nonconforming use. Section 43.D.,2, Nonconforming Uses and Structures, Termination of Nonconforming Uses of the Grapevine Comprehensive Zoning Ordinance states, "A nonconforming use may be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided." The subject sign (inonconformling use) was illegally remodeled in violatior of this section. 0:\BZA\201 1\Cases\BZA1 1-08A 3 Section 41D.3.1b, Nonconforming Uses, and Structures,, Termination of Nonconforming Uses of the Grapevine Comprehensive Zoning Ordinance states, "The violation of any of the provisions of this Ordinance or violation of any Ordinance of the City of Grapevine with respect to a nonconforming use shall terminate immediately the right to operate such nonconforming use. a V the right to operate the nonconforming use. Section 43.1.2.C.2, Right of Way Acquison by Governmental Agency, Compensation for Noncompliance, of the Grapevine Comprehensive Zoning Ord'i�niance states: Section 43.1.2.0.2, Compensation for Noncompliance: "The exemption shall not apply to the property if the governmental agency offered compensation to the property owner for demolition, removal, relocation, or replacement of improvements or other measures curative of the violation, of the City codes or ordinances caused by the right-of- way acquisition," The property owner was, compensated for the taking of this Right of Way easement as shown in Exhibit I Therefore exemption from compliance with the Grapevine Comprehensive Zoning Ordinance is not applicable. The appeal was not filed in a timely mianner within fifteen (15) days of the decision of the Building Official as required by the Grapevine Comprehensive Zoning Ordinance Section 68. Board of Adjustment, Paragraph G, but instead'! was filed over four (4) months following said decision. The proper course of action would have been for the applicant to request a variance to remodel this nonconforming use prior to illegal�ly performing the work. However, even if this had been the case, staff would' have urged the Board to deny the request for all of the reasons that have been previously enumerated. Although the appeal was clearly not filed' in accordance with Section 68 of the Grapevine Comprehensive Zoning Ordinance, Staff strongly urges, the Board to determine that the appeal was not filed in a timely manner, but to hear the case nonetheless. Attached Exhibits: Exhibit 01 — Site Plan Exhibit 02'— Photograph of Sign Exhibit 03, — Documentation of compensation from Texas Department of Transportation to property owner. Exhibit 04 — Letter from applicant dated October 25, 2010 Exhibit O5 — Letter from City of Grapevine and' Attorney dated' December 8, 2010 Exhibit 06 — Letter from Scott Williams, Building Official, dated February 22, 2011 0AE3ZX201 1 1CasesTZAI 1-08A 4 Exhibit 07 - Letter from City of Grapevine City Attorney, dated February 24, 2011 Exhibit 08 - Section 105, 2006 International Building Code Exhibit 09 - Section 60.A of the City of Grapevine Comprehensive Zoning Ordinance Exhibit 10 - Section 43 of the City of Grapevine Comprehensive Zoning Ordinance Exhibit 11 - Section 68 of the: City of Grapevine Comprehensive Zoning Ordinance 0:\BZA\201 1\Cases\BZA11-08,4 5 I inch = 153 feet 1701 WEST S « FIWY 114 1 inch = 300 feet A� N OCOITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT APPLICATION I . APPLICANT: NAME: CBS outdoor, Inc. I c/o Richard L. Rothfelder, Rothfelder & Fal ick ADDRESS: 1201 Louisiana St., suite 550 CITY/STATE: Houston, Texas ZIP.._ 77002 HOME: N/A WORK: 713-22121-2288 ._M0BILE:_j_j3_2L2-fi3D_0_ FAX.- 713-658-8211 E-MAIL:— 2. PROPERTY OWNE 11 LU KAw e4 P ev o"a vte-9t e""Adm_)t 5t" NAME: Stacey -Trip, L.L.C. c/o Edward D. Burbach, Gard;re Wynne Sewell, LLP ADDRESS: 600 Congress Avenue, Suite 3000 CITY/STATE: Austin, Texas HOME: N/A WORK: 512-542-7070 —FAX: 512-542-7270 3. LEGAL DESCRIPTION (SUBJECT PROPERT-11 Please see Exhibit "A", attached. STREET ADDRESS, LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPER (Please attach Surve of the Subject Property) I ADDRESS: 1701 W IN LOT: BLOCK, SUB -DIVISION: W Lxk 4- LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET: Please see Exhibit "B", attached. ll� o*=Vornvs%appbza www.cf,Srapevine.txus 1199 Revlwd 1117/06 A, P 2 10 11 Please see Exhibit "C", attached. Aw DIY, � y �+ ,, ": � � 1r► .i INr �w .... Please see Exhibit 1 ", attached. li � y � � � � �,. , � y AMM i !M' +.. ■. : y �M: � IMA � � �.. Please see Exhibit "E", attached. 3 oAzcu%formslappb7a www.ol.grepev�ne.N.us 1199 Rewvsed 1/17/06 A ,R 2 V"" 2"u" i I APPLICANT (PRINT) APPLICANT SIGNATURE Emmmamm Ewa��M oA=uVormsxappbza WWW.6,grapevine.fx,us V99: Revised 1117M The State of --y—e�ck County of —+—L Before me AIACL� on this day personally appeared 0 C, known to me (or proved to me on the oath of or (description of through Identity ca,d or rather docu ent) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration theirein expressed. -ih A Given under my hand and seal)of office this= day of„ -ittfu:] A.D. 2 01 SEAL MARY ANN ROCH Nwary Pubdc, SwIe of Texas My ComrnUssion Exp4as iW,"wN.October 14, 2012 .......... The State of County of —j-iAlll —S N ry lq� ure otary 19 a ure Before me . ........ . . Za on this day personally appeared known to me proved to me on the oath of or through :'be fore, (descOption of VWM7UMITV-TVUMf, �-rffl!6 �KFQ 7-4�wy i 4 g � going Instrument ,�f�wfk 6 c to .e and acknowled�ged to me that he executed the same for the purposes and COMM& exp;ressed�. Given, under my hand and sea[ of office this day of SEAL BARBARA A. DYE Notary Public State of Texas My Cown. EXPITeS 01-154015 oVzcu%farms%ppbza www,cl.grapevine.N.Us 1199 iRev[sed 1117100 N 4ryIS I cgi n i a Atu r e APP �, "'l Attorneys At Law RICHARD L. RanAFELDFR 1.201 LoulSIANA rrotfifeldenlswbefl.net SUITE 550 BOARD CERTIFIED - Civn, TRIAL LAW HousmN, TEXAS 77002 April 28, 2011 City of Grapevine Board of Adjustment c/o Mr. Matthew Boyle City Attorney, The City of Grapevine Boyle & Lowry, L.L.P, 4201 Wingren, Suite 108 Irving, TX 75062-276,3 City of Grapevine Board of Adjustment c/o Mr. Scott Williams Development Services Department Building Inspection The City of Grapevine P.O. Box 95104 200 South Main Street Grapevine, TX 76051 TELEPHONE: 713-220-2288 FACSIMILE: 713-658-8211 WWW.ROTHFFI,DERFALCK.COM Via FedEx, Airbill No. 8712 5685 3855 Via FedEx, Airbill No. 8712 5685 3866 RE: Application of CBS Outdoor, 1ne. requesting a variance from the City of Grapevine's Board of Zoning Adjustment regarding an outdoor advertising structure located adjacent to SH 114 in Grapevine, Texas; Our File No. 1030- 233. Dear Mr. Boyle, Mr. Williams, and Members of the Grapevine Board of Adjustment: The law firm of Rothfelder & Falick, L.L.P. represents CBS Outdoor, Inc. (-CBS-) with regard to an outdoor advertising structure located adjacent to SH 114 in Grapevine, Texas, Accordingly, we ask that you please direct all future communications regarding this matter to the undersigned. Please find enclosed an application for variance ("Application") respectfully submitted to the Grapevine Board of Zoning Adjustment ("Board") on behalf of CBS. We have also enclosed our check in the amount of $100 in payment of the requisite Application fee, The hearing on CBS's Application is scheduled for June 6. 2.011 to coordinate with a pending appeal filed and submitted to the Board on March 81, 2011. This Application is therefore timely submitted by the May 2, 2011 deadline. APR 2 9 2011 April 28, 2011 Page 2 If you have any questions or require any additional information prior to June 6, 2011, please do not hesitate to contact me. V ry tru yours, Richard L. Rothfelder JLD Enclosures 4 Fil!imlrluilrmllqm I VAr% JrIJR[W AM -W Nk IAN" The off -premise outdoor advertising structure ("Sign") which is the subject of this dispute was constructed in 1983 and has been legally and continuously operated since that time. A copy of the permit application submitted to the City is attached as Exhibit I., and acopy of the sign permit issued by Grapevine is attached as Exhibit 2. The Texas Department of Transportation ("TxDOT") is conducting improvements and widening to SH 114 ("Project") in the vicinity of the City. As a result of the Project, TxDO'I"has determined it is necessary to acquire by eminent domain fee title in certain land and improvements adjacent to SH 114. On September 24, 2010, the Attorney General's Office therefore filed a Petition for Condemnation on behalf of the State of Texas ("State") to acquire property including a portion of land where the Sign is located ("Property"). Additionally, the State's petition seeks to acquire by condemnation the Sign owned and operated by CBS pursuant to a Lease Agreement with the landowner. A copy of the State's lawsuit is attached as Exhibit 3, and a description of the Property is attached as Exhibit 4. The Sign pole is not located on the portion of the Property the State is acquiring. However, after the land is taken, the Sign face would overhang the easement by a few feet. Exhibit 5 shows the Sign, and two arrows indicate the new location of the easement after the taking, as well as the portion of the Sign that would ultimately overhang the easement. As a result of the overhang, either the State must acquire the entire Sign structure, or the Sign face must be adjusted so that the face no longer encroaches on the easement. CBS cooperated with the State in an effort to resolve the matter with minimal financial impact on the taxpayers and the citizens of Grapevine. More specifically, in lieu of proceeding with a condemnation case that would cost the taxpayers millions of dollars in acquisition costs, CBS was willing to simply move the Sign face a few feet. TxDOT supports CBS's proposal to "shift" the face of its Sign four feet in the opposite direction of the easement by removing a 4' panel from one end of the Sign and reattaching it to the other end of the Sign. A copy of an email evidencing the State's position, as well as CBS's attorney's affidavit attesting to same, are attached as Exhibits 6 and 7, respectively. The work CBS proposed to conduct on the Sign is routinely permitted under TxDOT's regulations as set forth in 43 Tex. Adm. Code 21.160, the purpose of which is to provide for the relocation of certain signs along regulated highways within Texas that would other -wise be precluded. More specifically, Section 21.160(f)(1), "Bisection", states as follows: "An existing permit may be amended by the district office .. to authorize...a monopole sign face overhanging the proposed right of way to be shifted to the remainder..." A copy of TxDOT's regulation is attached as Exhibit 8, After a review and analysis of the Zoning Ordinance, CBS believed it was unnecessary to obtain the approval of Grapevine to conduct such maintenance. However, out of an abundance of caution, CBS wrote to Grapevine on October 25, 2010 in the event the City believed that its approval was necessary. A copy of the letter submitted to Grapevine by CBS"s counsel is attached as Exhibit 9. The City Attorney denied CBS's request to conduct the minor, non- structural adjustment to the Sign in a letter dated December 8, 2010, a copy of which is attached as Exhibit 10. In a letter dated January 7, 2011, TxDOT's agent ordered CBS to remove the portion of the Sign encroaching an the State's right of way by February 1, 2011. A copy of this letter is attached as Exhibit 11. In deference to the City's denial of CBS's request to bisect the Sign as allowed under TxDOT's regulations, and in further response to the State's demand, CBS simply removed the 47 wide Sign panel that was overhanging the right-of-way. It is important to note, CBS DID NOT PERFORM THE WORK IT DESCRIBED IN THE OCTOBER 25, 2010 LETTER. Nonetheless, both the City and the City Attorney sent letters stating that CBS's actions were illegal, that any prior legal nonconforming status of the Sign was ten-ninated, and ordered the Sign removed. Copies of the letters., dated February 22, 2011 and February 24, 2011, are attached as Exhibits 12 and 13, respectively. In response, CBS's attorney wrote to the City Attorney and Director of Development Services on February 28, 2011, advising both of CBS's intent to appeal the City's decision. A copy of these two letters is attached as Exhibit 14 and 15. Thereafter, although it did not believe Grapevine s approval was necessary, CBS wrote to the City on March 1, 2011, seeking approval to "re -attach" the 4' panel it removed to accommodate TxDOT's Project to the other end of the Sign. A copy of the March I letter is attached as Exhibit 16. By doing so, CBS pointed out this simple action would restore the Sign to its same 48' overall width, thereby saving the taxpayers millions of dollars ill condemnation acquisition costs. Although the City did not respond to CBS's request in writing, in a telephone conversation on March 7, 2011, Mr. Boyle stated the City's position as denying CBS's request to move, alter or adjust the Sign as previously set -forth in his December 8,, 2010 correspondence. CBS filed an appeal with the City's Board of Adjustment ("Board") on March 8, 2011, asking the Board to overturn the City's prior decision. The hearing on the appeal is set for June 6, 2011 in coordination with this Application for Variance, which CBS simultaneously requests should the appeal be denied. Section 681-12 of the Code gives the Board the power "to hear and decide special exceptions to the terms, of this Ordinance upon which the Board is required to pass under this Ordinance, if any." Additionally, Section 68143 of Grapevine's Zoning Ordinance grants the Board the power to "authorize upon appeal in special cases, such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provision of this Ordinance will result in unnecessary hardship, so that the spirit of this Ordinance shall be observed and substantial justice done." Removing a 4' panel from the Sign face reduced the size of the structure. Furthermore, reattaching the panel to the opposite end of the Sign face does not result in the enlargement of the structure. As shown in the photographs attached as Exhibits 22 through 27, the, modification to the Sign is virtually impossible to detect. Exhibits 22 and 23 show the Sign before the 4' panel was removed, and Exhibit 24, by contrast, shows the Sign after the removal occurred. Similarly, Exhibits 25 and 26 show the Sign before the removal, with a different ad displayed, and Exhibit 27 shows the Sign after the removal. There is no detectible difference, the citizens of Grapevine have not been harmed, and the removal and anticipated reattachment of the panel is not contrary to public interest. CBS continues to maintain that a permit was not required in order for it to remove the 4' panel, nor is a pen -nit required to reattach the panel to the other end of the Sign face. In the event the Board disagrees, CBS respectfully urges the Board to exercise its power and grant a variance or special exception from the terms of the Zoning Ordinance permitting CBS to reattach the 4' panel to the opposite end of the Sign, as such action is more than justified in this situation. CBS has worked in cooperation with the State to avoid the necessity of an eminent domain proceeding which would cost the taxpayers millions of dollars in acquisition fees, resulting in an unnecessary hardship to the citizens of Texas. The literal enforcement of the Code in this situation is not warranted. Granting a variance from the Zoning Ordinance is neither contrary to the interests of the citizens of Grapevine nor contrary to the spirit of the Ordinance. Failure to grant the variance will result in unnecessary hardship and injustice to both CBS and the taxpaying citizens of Grapevine. In the alternative, CBS respectfully requests the Board grant a variance or special exception from the terms of the Zoning Ordinance permitting CBS to continue to operate the Sign as a legally, non -conforming structure, with the 4' panel removed. CBS OUTDOOR, INC. APPLICATION FOR VARIANCE Type of property: CBS owns back-to-back 14' x 48' illuminated bulletins, Panels No. 02-2042 S/F (Right Read) & 02-2043 N/F (Cross Read), supported by a steel monopole. Brief site description: The land parcel (parent tract) upon which the subject off -premise, outdoor advertising structure is located is described as follows: "*...BEING a 19,051 acre tract of land in the Ambrose Foster Survey, Abstract No. 518, situated in the City of Grapevine, Tarrant County, Texas, and being all of Lot 1, Block 1, of Grapevine Regional Industrial Park, an addition to the City of Grapevine according to and being a portion of that tract conveyed to Marion Plaza Shopping Center, Inc. by deed recorded in Volume 10521, Page 948 of the Deed Records of Tarrant County, Texas and being more particularly described as follows,. . " Location ofproperty: Lot 1, Block 1, of Grapevine Regional Industrial Park (an industrially -zoned property), an addition to, the City of Grapevine, on the west side of SH 114, south of Southlake, City of Grapevine, Tarrant County, Texas A copy of the survey is attached and included with Exhibits 3 and 4. CBS OUTDOOR, INC. APPLICATION FOR VARIANCE �M131"11MIN"D 0111M V 112DWYMN Oki WIN Grapevine's Zoning Ordinance Grapevine has zoning regulations in Appendix A and Appendix D to the City's Code of Ordinances, and also has a separate Zoning Ordinance which consists primarily of Appendix D referenced above. Appendix D to the Code of Ordinances is also known as Ordinance 82-73. Grapevine's Zoning Ordinance consists of Appendix D plus some additional regulations relating to bylaws, and is referred to as the "1982 Comprehensive Zoning Ordinance of the City of Grapevine., Texas as Amended in 1984". The adjustment to the Egn did not increase the non-conLorminq use- reattachment oLthe 4' panel will not increase the non-conforniine use and should be permitted as a variance. Sections 43D2 and 43F of the Zoning Ordinance prohibit the remodeling or enlargement of a non -conforming use. CBS has neither remodeled nor enlarged the Sign. The removal of the 4' panel in no way constitutes "remodeling" of the structure, as the panel was simply cut off without any structural changes occurring. Further, the removal of the panel actually decreased the non -conforming structure from 14' x 48' to 14' x, 44. CBS seeks to reattach the removed panel to the opposite end of the Sign face. If it is permitted to do so, this adjustment would not constitute "remodeling", nor would it increase the non -conformity of the structure. CBS has not increased the degree of non -conformity. Instead, it has actually made the Sign smaller by the non-structural removal of a panel. Moreover, it did so pursuant to the States demand to clear the right-of-way, and the Zoning Ordinance contains an exception under such circumstances, as discussed below. CBS maintains the minor adjustment to the Sign should be permitted under the Zoning Ordinance. In the event the Board does not overturn the City's prior decision on appeal, CBS respectfully asks the Board to grant its application for variance and permit CBS to reattach the 4' panel to the opposite end of the Sign. In the alternative, CBS respectfully asks the Board to grant its application for variance and permit CBS to continue to operate the Sign as a legally non -conforming structure with the 4' panel removed. The Sign is a Lga/21 existing, non-conLorming structure under the Zon no Ordinance. Section 43 of the Zoning Ordinance addresses nonconforming uses and structures. Section 43A specifies "Types of nonconformity" as "Any use of land or buildings which does not conform to use regulations prescribed in this ordinance..." Since off -premise advertising signs are currently prohibited under the Zoning Ordinance, CBS's Sign qualifies as a legally existing non -conforming structure wider Grapevine's regulations. Subsection 43D3e states that "Whenever the structure, in which a nonconforming use is housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of more than 60 percent of the replacement cost of the structure, on the date of the damage-, the right to operate such nonconforming use shall terminate."' Section 43,G states that "In the event of damage or destruction of a nonconforming structure to the extent of 60 percent of the replacement cost of such structure on the date of such damaged, such nonconforming structure may be rebuilt only after public hearing and favorable action by the board of adjustment as provided by Section 67A." Similarly, Section 60C 11 provides that a "sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, of a substantial part of it is blown down or other -wise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other material on the sign." While we acknowledge that the Sign has not been damaged, destroyed, or dismantled, these provisions appear to be the closest and most analogous to the situation involving CBS's Sign. Applying the 60% test to the Sign, CBS's removal of the 4' panel and request to "shift" the Sign face 4' to the opposite end by reattaching the panel to, the opposite end of the Sign face should be permitted under the Zoning Ordinance, The replacement cost for the Sign is estimated at $48,500.00. A copy of the estimate documenting same is attached as Exhibit 17. By comparison, the cost to "shift" the Sign face four feet to, one side by removing a 4' panel and reattaching it to the opposite end is $900.00. And, if the Sign remains in its current. configuration, ie,, a 14" x 44' structure due to the removal of the 4' panel, the cost drops to $1,600,00. A copy of the estimate documenting these costs is attached as Exhibit 181. Copies, of engineering drawings detailing the proposed modifications are attached as Exhibits 20 and 21. Clearly, the cost to modify the Sign is less than 60% of the cost to replace it, and the adjustment should be permitted under Grapevine's Zoning Ordinance. In the event the Board does not overturn the City's prior decision on appeal, CBS respectfully asks the Board to grant its application for variance and permit CBS to reattach the 4' panel to the opposite end of the Sign. In the alternative, CBS respectfully, asks the Board to grant its application for variance and permit CBS to continue to operate the Sign as a legally non -conforming structure with the 4' panel removed. ' Exhibit 18 shows an estimate for a third option at a cost of $ t2,'900.00. This estimate involves removing 8' of the Sign face and relocating the 8' to the opposite end of the Sign face. This estimate was obtained in order to accommodate a 5' setback required by TxDOT. However, TxDOT ultimately waived the setback requirement, so this proposed modification is moot. Exhibit 19, a copy of an email from the attorney representing TxDOT, verifies TxDOT's waiver. CBS OUTDOOR, INC. APPLICATION FOR VARIANCE 5. STATE THE GROUNDS FOR THE REQUEST ANM; >; REEXAMPLES OF SPECIAL CONDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, ELEVATIONS, IRREGULAR LOT OR TRACT SHAPES, ETC. THE BOARD OF ZONING ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE REQUEST. The adjustment to the Si n was permitted under the right-of-way excfEtion to the Z22LMg Ordinance; a further, ad It the Sin _ be permitted. justm,ent reattachiag the 4' panel to the ot er end of e S _ should Section 431 addresses right-of-way acquisitions such as what has occurred between the State and CBS. It states an exception in subpart 2 as follows: "In the event a right-of-way acquisition by a governmental agency causes a property or its existing improvements to be in violation of a City zoning ordinance, subdivision rule, or other land use regulation or ordinance, the property shall be exempt from the provision to the extent the violation is caused by the right- of-way acquisition—", subject to certain conditions which. do not apply to CBS,"s Sign. Section 431 defines "governmental agency" to include the State of Texas, and defines "right-of-way acquisition" to mean "the securing of right-of-way through ... condemnation, or other means by use or threat of eminent domain..." Clearly, this section is applicable and excuses CBS from compliance with the Zoning Ordinance the City asserts precludes removal and/or reattachment of the 4' panel from the Sign face. Accordingly, the Board should grant CBS's request for a variance and allow it to reattach the 4' panel to the opposite end of the Sign. In the alternative, CBS respectfully asks the Board to grant its application for variance and permit CBS to continue to operate the Sign as a legally non -conforming structure with the 4' panel removed. CBS should not be de rived of its non-conformgg vestedpwpfLt hts. E r�g_ The Fifth Amendment of the United States Constitution provides "private property may not be taken for public use without payment of the market value for that property." Harris County, v. Clear Channel Outdoor, Inc., 2008 WL 1892744 at *4, citing State v. Ware, 86 S.W.3d 8171, 821-22 (Tex.App, – Austin 2002, no pet.). The term "taken" is construed broadly to mean the deprivation of the former owner rather than the accretion of a right or interest to the condemnor. Harris County, 2008 WL 1.892744 at *4, citing United States v. Gen. Motors Corp., 323 U.S. 373, 378, 65 S. Ct. 357, 359, 89 L.Ed- 311 (1945). "Under the Fifth Amendment 'just compensation' means the full monetary equivalent of the property taken." Harris County, 2008 WL 1892744 at *:4, citing Almota Farmers Elevator and Warehouse Co. v. United States, 409 UC S. 470, 473, 93 S.Ct. 791, 794, 35 L. Ed. 1 (1973). The Texas constitutional Takings Clause, Article 1, Section 17, is even broader than the Fifth Amendment: "no person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by consent of such person." Texas law is in accord with the U.S,. Supreme Court's holding in General Motors, supra, that a "'taking"' is determined by deprivation to the property owner., not gain to the condemnor. State v. Ware, 86 &W.3d 817, 825 (Tex.App. — Austin 2000, no pet. ("A condemnee must be paid for what it has lost, not for what the condemnor has gained."). As in the federal system, the word "property" in Article I Section 17 of the Texas Constitution is broadly defined, and "is doubtless used in its legal sense, and means not only the thing owned, but also every right which accompanies ownership and its incident." Gulf Colorado & Santa Fe Ry. v, Fuller, 63 Tex. 467, 469 (18,85),, accord Houston N. Shore Ry, Co. v. Tyrell,, 98 SN.2d 786, 793 (Tex. 1936). The "constitutional protection is not confined to real property, but includes any character of property necessarily damaged in promoting a public enterprise." Dallas County v. Hart Bros, 271 S.W. 408, 409 (Tex.Civ.App. -- Texarkana 1925) rev'd on other grounds., 279 S,W,2d 1111, 1112 (Tex. Comm'n App. 1926, opinion adopted); Renault, Inc. v. City of Houston, 415 S. '.2d 948, 952 (Tex. Civ, App. --Waco 1967), rev'd on other grounds, 431 S. .2d 322 (Tex, 1968) ("The terms `property' as used in the Fifth Amendment to the constitution relates to every species of property including personalty,'"') Based on the foregoing, the City's failure to allow CBS to remove and reattach the panel in compliance with a governmental directive to do so effectively deprives CBS of its vested non- conforming property rights. As such, CBS requests the Board grant a variance permitting it to reattach the 4' panel to the other end of the Sign. In the alternative, CBS respectfully asks the Board to grant its application for variance and permit CBS to continue to operate the Sign as a legally non -conforming structure with the 4' panel removed. CBS OUTDOOR, INC. APPLICATION FOR VARIAN] U" I6 6. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES. (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. I [ CBS is not permitted to reattach the 4' panel to the Sign and continue to, operate the outdoor advertisinm structure, CBS will be,Lorced to Pwceed with its condemnation case, _ cortin z the State and tax paEers millions of dollars in acquisition costs. The Zoning Ordinance does not contemplate the immense costs to the taxpayers of the State of Texas, including the citizens of Grapevine, which will be incurred by the State if CBS is not permitted to reattach the 4' panel to the opposite end of the Sign. CBS retained The Aguilar Group, Inc., real estate appraisers, analysts, and consultants, to appraise and estimate the market value of CBS's property, being the back-to-back 14' x 48' illuminated Sign faces supported by a steel monopole., and located on the subject property. The appraisal process analyzed the market value of the fee simple ownership of the Sign located on the leased property, using three approaches: the cost approach, the income approach, and the sales comparison approach. The Aguilar Group, Inc.'s final estimate of value for CBS's property is $2,012,000.00. CBS has not increased the degree of non -conformity of the Sign by removing the 4' panel, and the degree of non -conformity will not increase if CBS is permitted to reattach the panel to the opposite end of the Sign. CBS removed the panel pursuant to, the State's demand to clear the right-of-way, and the Zoning Ordinance contains an exception under such circumstances, as previously discussed. CBS maintains the minor adjustment to the Sign should be permitted under the Zoning Ordinance. In the event the Board does not overturn the City's prior decision on appeal, CBS respectfully asks the Board to grant its application for variance and permit CBS to reattach the 4' panel to the opposite end of the Sign. In the alternative. CBS respectfully asks the Board to grant its application for variance and permit CBS to continue to operate the Sign as a legally non -conforming structure with the 4' panel removed. Failure to do so will result in the condemnation case proceeding, unnecessarily costing the State and taxpayers millions of dollars in acquisition costs. A copy of a portion of The Aguilar Group, lnc.'s appraisal is attached as Exhibit 28. CBS OUTDOOR, INC. APPLICATION FOR VARJANCE FAM!", 81 7. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PHOTOGRAPHS NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD, BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE,ETC.) The following diagrams, drawings, and/or photographs are included with CBS's Application for Variance, as previously discussed in the foregoing exhibits: Exhibit I Site drawing included with original Permit Application Exhibit 3 Survey of Property included with Plaintiff's Petition for Condemnation Exhibit 4 Survey of Property included with Property Description Exhibit 5 Photograph of Sign with arrows indicating the new location of the easement after the taking, as well as the portion of the Sign that would ultimately overhang the casement. Exhibit 20 Engineering drawing detailing the proposed modifications to the Sign Exhibit 21 Engineering drawing detailing the proposed modifications to the Sign Exhibit 22 Photograph of Sign before the 4' panel was removed Exhibit 23 Photograph of Sign before the 4' panel was removed Exhibit 24 Photograph of Sign after the 4' panel was removed Exhibit 25 Photograph of Sign before the 4' panel was removed Exhibit 26 Photograph of Sign before the 4' panel was removed Exhibit 27 Photograph of Sign after the 4' panel was removed The requested variance does not increase the size of the Sign; instead, it involves reattaching the 4' panel that was previously removed to accommodate TxDOT's Project, to the opposite end of the Sign. In the alternative, CBS asks the Board to grant its application for variance and permit it to continue to operate the Sign as a legally non -conforming structure with the 4' panel removed. a. Any nonconforming use not conducted within a building shall be discontinued within two (2) years from, the date this Ordinance shall become effective., b. Any nonconforming use conducted partly within a building and partly without a building shall be discontinued within five (5) years from the date this Ordinance shall become effective. C. Any nonconforming use conducted wholly within a building shall be discontinued within ten (10) years from the date this Ordinance shall become effective. 2. A nonconforming use may be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided. I The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances. a. Whenever a nonconforming use is, abandoned, all nonconforming right shall cease, and the use of the premises shall henceforth be in conformance to this Ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six (6) months shall be considered to have been abandoned, b. The violation of any of the provisions of this Ordinance or violation of any Ordinance of the City of Grapevine with respect to a nonconforming use shall terminate immediately the right to operate such nonconforming use. G. Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district. d. Whenever a nonconforming use is changed to a conforming use under the provision of this section, e. Whenever a structure, in which a nonconforming use is, housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of more than sixty (60) percent of the replacement cost of the structure, on the date of the damage', the right to operate such inonconformi,ng use shall terminate. f. The right to maintain or operate a nonconforming use may be 611916 2 Section, 43 terminated by the Board of Adjustment in accordance with provisions of Section 67A of this Ordinance. 0 Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall snot thereafter be changed back to a nonconforming use. 2. The Board of Adjustment may grant a change of use from, one nonconforming use to another nonconforming use provided such change is to a use permitted in a zoning diistrict where the original nonconformingi use would be permitted, or provided that such change is to a use permitted in a more restrictive classification. However, such change of use and occupancy shall not tend to prolong the life of a inonconforming use. Upon review of the facts in, accordance with Section 67A, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use., The, Board of Adjustment mayapprove the remodeling or enlargement of a nonconforming use when such an enlargement would not tend to prolong the life of the nonconforming use, Upon review of the facts, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a cloniforminig use. 00 F. LIMITATIONS ON CHANGING NONCONFORMING USES: No nonconforming use shall be: changed to another nonconforming use, which requires moire off-street -,;-inal nonconformiiarl i mri parking spaces or off street loading space than unless additional; off-street parking andloading space is provided so as to comply with the requirements of Sections 55 and 56. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing on, the effective date of this Ordinance. No nonconforming use may be expanded or increased beyond the lot or tract upon except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment., All nonconforming uses being expanded under the provisions of this Ordinance shall comply with the other applicable provisions of this Ordinance. In the event of damage or destruction of a nonconforming structure to the 011910 3 Section 43 IN I 'Nye 'w�wnlw, iyr4 'Iffj / i & �� lin, t f��/�lf�� � �.r�A���✓ E ME FILED U*C,(�NTy Tt7y� CSJ: 0353-03-088 2010 NOV I I PM 1: 25 PARCEL: 23 U S NO, 10-85470-2 TIWW - S -T &TF-- - _Qxgx_ § CONDEMNATION PROCEEDING'FILE-D V, § IN THE COUNTY COURT AT LAW NO. 2 SAM'S REAL ESTATE BUSINESS TRUST, A DELAWARE STATUTORY' § TRUST, ET AL. § OF TARRANT COUNTY, TEXAS AWARD QF SPFWIALCQ TSSICII"�Ix�R OnNovember 10, 2010, inthe North Texas CDA Project Office, 3301 Airport, Freeway, Suite 100, Bedford, Texas, the above -styled came came on to be heard before the undersigned, three disinterested freeholders of Tarrant County, Texas, heretofore appointed as Special Commissioners by the Judge of the I County Court at Law No, 2 of Tarrant County, Texas, to assess the damages caused by this condemnation proceeding, and came the Plaintiff, the State of Texas, represented by the Attorney General of Texas, and came also the Defendant(s), cither individually Or represented by counsel, or, having been duty Served with Notice of Ilearing declined to appear, and the parties present having announced ready, the Special Commissioners proceeded to hear evidence and arguments of the parties and made the following findings: 1 That on September 24, 2010, the State of Texas, acting by- and tfa-ough the Texas Transportation Commission as Plaintiff, filed a written Petition for Condemnation with the said Judge of Tarrant County, Texas, wherein upon the facts and for the purposes therein stated, it seeks '01pintiff the fed t;tl- in frI, the, �Crt­'- .--V described land and improvements, if any, but providing that there is excluded from said estate to be )ITO' TRU H AND COR0,CT COPY OF ORIGINA I. MCORD FILI3,D IN TAkRANT COUNTY, TEXAS. SUZANNE iIENDEMON, COUNTY CLEM condetraied all, the all, gas, and sulphur which can be removed frorn beneath said land and iniprovenients, if any, without any light whatever remaining to the owner(s) of such oil, gas and sulphur of ingress or egress to or from the surface of said land for the purpose of exploring, developing; drilling -or mining of the same, all as provided by Title Cr of the Tt�x TRAN81. CODE ANN, (,vERNoN 1999), wbicb land is, situated in Tarrant County, Texas . , and is described in Exhibit W' attached hereto and incorporated herein for all purposes, That upon consideration of ble written Petition filed by the Plaintiff', the, Judge of the, County Court at Law No. 2 of Tarrant County, Texas, did, an Septembei: 24, 2010', appoint, Mike FlrAal,` Daniel Bates, and JohnMaddux, three disinterested freeholders of Tarrant County, Texas, as Special Cominissioners to assess, the, darnages caused by the conde=atlon of the land and improvements, Ho That thereafter said Special Commissioners were duly qualified as stich, each taking the oath prescribed by law, which oaths are on file with the, papers in this cause, 10 That after having so qualified, the Special Cotninissioners, on October 5, 2010) by written order bearing said date, designated and appointed November 10, 2010, at 1:00p,m,, at 01 Airport Frtoway, Suite 1.00'. Bedford, Texas, as the date and place for hearing ilio Petition and parties, said date being the, eaillest practicable, time and such. place being in the, county in which the lend and i1x1provenjents, if any, is situated. AWARD OF SPECIAL COMMISSIONERS - PAGE 2 C,k.0j3YoV' I-pU r2 00 Co"'kt" V_CC()jkL) kjvVi cr I'AMAIT C 'o IN That on October 5, 2014, the Special Commissioners issued written notice of such date and place of hearing, and the Defendants, Sain's Real Estate Business Trust, a Delaware Statutory Trust; Stacey -Trip, L.L.C., a Cblorado Limited Liability Company; CBS Outdoor, Inc., a Delaware corporation, successor in interest to Reynold's Outdoor, fne., a Texas corporation; Clear Channel Outdoor, Inc., a Delaware, Corporation; and GE Capital Modular Space, a division of Transport International Pool, Inc., aPennsylvania corporation, were duly served with notice and notified in the manner provided by law of such hearing and the time and place thereof. V1. That on November 10, 2010, the Special Cominissioners did convene and the following named parties appeaied in person or by their attorney, or, having been duly served Notice of Hearing . declined to appear: The, State of Texas, represented by the Attorney General of Texas; Sam's Real Estate Business Trust, aDelaware Statutory Trust; Stacey -Trip, LI.C., a Colorado Limited Liability Company; CBS Outdoor, Inc., a Delaware corporation, successor in interest to Reynold's Outdoor, Inc.,,a, Texas corporation; Clear Channel Outdoor, Inc.,'a Delaware Corporation; and GE Capital Modular Space, a division of Trafts'port International Poo"J, Inc., a Pennsylvania` corporation, and announced ready for such hearing, and the Special Commissioners proceeded to hear evidence as to, the damages which will be sustained by the owner(s), by reason of the condetrinatioli of the land and improvements, if any, and, after hearing and considering such evidence, the Special Commissioners did find and determine and accordingly assess damages to be paid by the State of Texas for this Condemnation according to the rules of damages set forth, in SECTION 21.042 of the TEXAS PROPERTY CODE, in the total ainount of. AWARD OF SPECIAL COMMISSIONEkS - PAG)3*3 TPU8 ANd CUMICTCopy OF ORIMAL MMD SLID N' TAW14,T CoUgty, [9XAS* CL9 r' , r SUZAINNE IIE14DFU014 ()UR�y �Vo . �_,7Z, A /`0 DOLLARS($ 2 2- 4-:Z Sam's Real Estate Business Trust, a Delaware Statutory Trust- Stacey -Trip,, L, L, C., a Colorado Limited Liability Company,— 41 , _1 r 7 CBS I Outdoor, Inc., aDelaware corporation, successor in interest to Reynold's.Outdoor, Inc., a Texas corporation, — Clear Channel Outdoor, Inc., a Delaware Corporation;_M� noMc ME- T 7? MM MO RENDERED this the' dayof , 2010. I —A&m4ani HRABA1. DANIELBATES du #HN MADDUX .SPECS COMMISSIONERS The costs of this proceeding are adjudged against the State of Texas. Such costs are to be paid to the County Clerk of Tan:ant County, Texas, except for the fees due the Special comniissioners, which shall be paid dircaly by the State of Texas to such. Commissio-ners, The costs which have accrued to date are, as follows - 11*CCS U40 li�eciai Commissioners as set by the Court, Mg 3 roT, 91 17 % F , M 7RUE A14D COWRECT CO?y or' ORIQ11-W, Ku CO FlLr, D iN • "WARRANT cOUNTY, TEXII�S', NMPS0"q1C0Ut4 -ry CLEM SUZANNE M $11)06-60 —toMIKE HRABAL ho -ars $ to DANIEL BATES hours to JOHN MADDLJX hours The Clerk of this Court is hereby ORDERED to notify all patties or their attorneys of record, as listed in Exhibit "B" attaclicd hereto., of the filing date of this Award by certified mail, return receipt requested, at their addresses of record -pursuant to SECTION 21.049,,aXAS PROPERTY CODE. The foregoing decision' and Award was filed with me this the day of Q 2010. MGE, ZCounty C of Tarrant County, at Law No. 2 C AWARD OF SPECIAL COMMISSIONERS.. PAGE 5 T PLUE A141) COR'Ikl''CT colty ov 01tj(3jNXt' J;CCORD V 01*0 114 TARRAWF CC)014'rT1 X COUN-ry cLf-1CK A County: Tarrant Page 3 of I Parcel: 23 March 3, 2010 Mghway: $14114 Limits: From B S 114L I ii Grapevine to Dallas County Line Federal Aid Project No.: NH 2009 (&SS,) 80 RO.W. CSO: 0353-03-088 DESCRIPTION FOR PARCEL Z3 8) North 33 degrees 38 mintites 30 seconds West, passing at 21.45 feet, a 1/2 inch iron rod stt with a TxDOT aluminurn cap stamped "ADV' for the beginning of this "access de)aial lire"', continuing 338.30 feet, with this "accessdenial line", to a 1.122 inch iron rod set with a TxDOT aluminum cap star-iped."ADL" -for the end of this "access denial line', continuing 49,47 feet to a 112 inch it an rod set with a TxDOT aluminum cap stfunped "ADL'" for the beginning of this "access denial line", continuing 51.31 feet, with tills "`access denial line', for a total distance of 460.53 feet to a TxDOT Type 11 concrete inonum6it set; 9) witla this "access denial line", with a curve to the riglit, whose intersection angle is 48 degrees 49 minutes 56 seconds, radius is 122.00 feet, an are distance of 103.98 feet, the chord of Aid), bears North09 degrees 13 minutos 29 seconds West 100.86 feet to a TxD 0T Type 11 concrete monunientset; 10) with this "access denial lin&% with -a curve to the IeA, whose haWsection angle is 48 degrees 50'minutes 13 seconds, radius is 78.00 feet, an are distance of 66.48 feet, the chord of which, beais North 09 degrees, 13 joinutes 29 secouds West 64.49 feet to to TxDOT Type. 11 concrete monunient set;, and '4xrc, TRUG AND CORP CCT ('-01)y or, C'q ON GIN A 1, KLCRt) war) IN TARRAN'r COUNTY, TFx6s; SUZANNTF CouNTY County: Tarrant Parcel: 23 Page 4 of 7 Highway: SH 114 March 3, 2191 Q Limits: From BS 114L in Grapevine to jDallas County Line Fedeml Aid Project No.: M14 2009 a43 R.O.W. C§.1: 0353-03-088 4�? DESCRIPTION F4 OR PARCEL 23 11) with this "access denial ]in&', North 33 degrees 38 minutes 30 'seconds W passing at 45,96 feet, a 112 incli imn rod set with a TXDOT a(Lwiinum, cap stamped "AM" for the end of 1111's "access denial line'.. continuing 53.37 feet to a 1/2 inch iron rod set witli a TxDOT alurninurn cap stamped "ADV' for the beginning of this "acces's denial line", continuing 17.17 fret, with this "access Aellial line" far a total distance of j16.50'feet to the end of this "access denial line' and to the POINT OF 13 GINNING and containing 40,372 square feet within these: I-aetes and bounds, more or less'. This description accompanies a parcel map of even date herew'ith All bearings are' based on the Texas State Plane C00fd1nate, SYstem,- Nortli Ceniral Zolle, NAD33(96) COM, All distances and coordinates were adjusted to surface uqillg a carabined scale factor of 1.00012_ ACC SS .00012- ACC13SS IS DENIED TO AND FROM THE TRANSPORTATION FACILITY ACROSS THE "ACCESS DENIAL LM". STATE OF TE XAS § § KNOW ALL MEN BY THESE PR -ESI NTS: COUNTY Or, YRAVIS § - That 1, Chris Conrad, a Registered Professional Land Surveyor, do liereby certify t1lat the above description is true and correct to the best of my Imowledge and belief and that the property described herein was 4etenzined by a survey made *on the ground under nay direction and supervision - WITNESS MY 14AND AND SEAL at Austin, Travis County, Texas, this the 3rd day of March, 201 it A.D. SURVEYED BY: McGRAY & McGRAY LAID SURVEYORS, INC. 3301 Hancock Drive, Suite 6 Austin, 1ex(ts 18731 (512) 451-8591 tand Surveyor M-5623 k10iS4114fPar'c'e'123R2 Issued 1122/10, Revised 313110 ' TRU13 AND COM ' Ut CO" 0F op,1(311N&I, KCoiW F1 LED IN TAIMITr C.oUlffV7EXAS. III -m olmso`N, COUNTY QLEM , M ;,11a0p �f4=P CE�5 O�7 1 SCALE: 1 200' PLAT TO ACCOMPANY PARCEL DESCRIPTION -'VAN AYE INVESTMENT'S, INN- "u0L 19660, PG, 1oI19 1,oT I .. (2.88 AC)' 'VAN CLEVE ADDITION GAS A, SL 2237, PRTO 01, IiD crr 1�coPERnES LLC ra Iu D20730284, O.R T LOT 2R N (LOT 2R) 9LOCK A ���---- (1�-414 ACV 4 _•.D 4 a ARM No. i t11ON tF W CAl. A. SLI 3419. P.RwT.O. IIALLE PROPEPiT1E'S, CLC.���� waL 18613; PO. 302 LOT a ? wOL 16513. PG 303 OLCi K A n m. Y'h4 _As To r 31— r> LOT 1 AND 2, EILL1CK o sToRGUA" Mo, 1 AODITIOR' .a c " CAP. A. SL. 2339 '1rR.�so--r'r�- ^ '`�, 1 to X t6 SION PE a-"IR15A iiC Lt' LOT a "MT ARru � hd r � 2iJ5zr4187, na.gT a S O'LOC 1G78' K A 6E5C. h •snr ar S 191{ (4,AG) "1 (44679 Arv) -%*M 1,3411iPf, 22& ORYC �^ STA 350+37,06 - , -1? .,� -- ` -- 19114 w r qCh *A4i CSrtl A/005� �, n,�� b a¢a rt / a t s ry T� �eos4 � rra �,'"` ! C A/�1�19 ll`;iffic f".4 �a firc ° t1T v , lit 40,:72 SQ FT. OFTAiL-104 C7Ksr: ' LOT 1, BLOCK 1 WAL-MART AVOITICN - AMENDED r ` CA$, A. $L, 0845 P R T C r2 i CITY OF GIRAMINE� v"�,`"� SEE ' �r 0 F to q 1 �h/6oav � ,,vcu�v o+ PIG,S47U'� REAL EFA* W5sT�R915T t'p IOT 7 -^Aa 17 75 PO. 90, 0KTC. "� d ®q! L ARK/--'p*'woL 1 , iE q< I3TAa"E4111N 1raOUST1taA1 F (LOT 1) ad 2 aj VOL, 398«-ai'3. PC. 67. P.%T:CClI. ft ASS6CIATCS JOINT `YENTtt , • ,� ,s, n 1 ' `Ar VOL 10244. PQ 5 0.ai:iC.DtVol-R, rj da „° L'+ S p. C •,e'� rte,;.. -y , „ (LOT' 7-A) o. X24iSA 1t> d29q4,gi0'111..WP iRT Ali.. 1"i ' pG y j 4 h�2o^.v h 659 Pd�'" .0 67380 V44 70PG Tjoll f "�,p•� -^"' r �'"'� ✓„+ «r-j�-�.�qy-.-. ".."u1�� if tL� pD it X% d` "{ o a AV9rr _.., _ X61» ► 01+ 1i A6bPawl cl c A P.D. ���+yy ,✓, 5 '�'-. + 7.i l3P'5yU� :'": ' `y�Miif*'1a�''�gt Yq amu, i' `r A' 11! , �J - 4. P' o. Yof - 11464 � $(y'{iQ T%t�" WOM1 tD4 476 `RUE AND COkRECT COPY OF A PIAT QF A SUIRVE:Y TDP WIGINAL MORD FILED IN PARCEL 23 7E'X�� Ai:lMN7`COUNTY, 'gEXAdS.1�4YISIC]d� STATE HW )ii�114�a 1'1*� PAR 'L � DepAz �' UZAME HENDC iON, COUNTY CL kK TTA 23 1�l' Transportation SCALE FEOERhL AID PROIXOT No R»o,W.-C & d. NO. CONTY �rupa�wacl } u - 2ooll RH217o9(I 0W' O3"a3 O'3 OB0 TARRAKT " wi(;�tls�•--��4�„f'ott.w.Y"tssrite,,..Pw¢�rr6d,�a�r�s}eakr,,Perrcels"y1'y4Fi'-2-��FEt+ 1 V* 0 so too 210 SCALE: 1 100' PLAT TO ACCOMPANY pOH PAROL n rr D I wr I r) hi SH 114 STA. 350+37.05 ;& 9ig.671 nT, END ACCESS DENIAL. LINE Ll STA. 358F54."24 199.61' RT. BECIIN ss DENIAL E 'AW 367+07-151 192.74' RT, No, ACCESS 8T14. �F I.IfAL U14g 357453.66 STAUPEO 199.05' RT. "AOL" STA 358+IZ22 2za-mv 23 40,3,72 SQ. FT. STA. 359+04M STA 835l ftir eM STA 359155.91 26035, eT, OEM ACCESS LOT 1. BLOCK 1 DERIAL LINE STAMPED LOT 1 AND LOT 2, 13LOOK 1 'JAM' �Go+mm WAL—MART ADDITION — AMENDED STA 200-35' Ill CAB. A. SL 8845 P.R.T.C. END Amu,, DENIAL LINE STMAKE 'ADS,' cl 00 DETAIL A sv 1� A o DEPYL, 0 DETAIL 0 kre SEE DETAJIL A <1W SAWS REAL ESTATE BUSINESS TRUST VOL, 17176. PG 98, O.RT.C. (LOT 1) 91,0 STA W34409 161316, ItT. BEON ACCESS DENIAL LNE SIAUFFM A' A012 26OL35' IRT. STA- 353y�6G.s4 287,45' Rt END ACCM DENIAL -LINE STAIR 'AW EE DETSAl 0 top PACE 6 OF 7 03/03/10 m SI STA 364+13!0'49 -- J� 2415WRT.J BEGIN SS 24 pU07% joJ40. !%0,1.j STA. 412+27,39 lq0l (100 186i66' m "rRUII XND CORR'A PLAT OF A SURVEY OF 01RUGINAL, PIECORD VILIL) IN PARCEL 2Cf 3t-3 TARVLANT Coug ....... TOXA5, ca PARCEL r Department ly- NDERSWI sumNiff, k JTA STATE HIGHWAY 114 23 Of TAa,7SV,0(tdff0n SCALE h REL COUNTY ........... A ^^I Nh TARRANT M","LL I ....... m .......... CUR WTAaLE :gR:RE L R61DWS DE A I 7AUCENT- BEARING CHORD 011 269,43128W.86 05'2 134,01 269= 271,00 2884.9 D5'22'Q7* ---- 270,90, 02 81661 117,00 -34!59= 4' .1 ' Risita'affW SZ,37 -67,931 137. 2874W* 68 NW613ii C28 0.73 147-00 06'44 OIC V7,87 Oe 36 56"62" 15,72i: 03 1010 1'22.00 D- ' �1.0 �06.48 — 40,491ry 61. 55.38 U meals2l)-.1— 100.861 -- 04, 78 00, 461011Z, 35,41 ki—A"jo-wi64.49 4, STA W34409 161316, ItT. BEON ACCESS DENIAL LNE SIAUFFM A' A012 26OL35' IRT. STA- 353y�6G.s4 287,45' Rt END ACCM DENIAL -LINE STAIR 'AW EE DETSAl 0 top PACE 6 OF 7 03/03/10 m SI STA 364+13!0'49 -- J� 2415WRT.J BEGIN SS 24 pU07% joJ40. !%0,1.j STA. 412+27,39 lq0l (100 186i66' m "rRUII XND CORR'A PLAT OF A SURVEY OF 01RUGINAL, PIECORD VILIL) IN PARCEL 2Cf 3t-3 TARVLANT Coug ....... TOXA5, ca PARCEL r Department ly- NDERSWI sumNiff, k JTA STATE HIGHWAY 114 23 Of TAa,7SV,0(tdff0n SCALE h REL COUNTY ........... A ^^I Nh TARRANT M","LL I ....... m .......... PACE 7 OF 7 I —i O'3 13/16 PLAT TO ACCOMPANY PARCEL DESCRIPTION NOTES: 1) BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NORTH CENTRAL ZONE, NADB3(96) CORS. ALL DISTANCES AND COORDINATES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1:.00012, 2) IMPROVEMENTS SHOWN ARE FROM DIGITAL PI-10TOGRAMMETRY FILES AND/OR THE ADDITIONAL DELINEATION OF IMPROVEMENTS �HICH HAVE BEEN BUILT (OR RFJA0VED) AFTER THE PHI,OTOGRAMMVTRY WAF> DEVELqPED, 3) THE EASEMENTS SHOWN OR NOTED AND ADDRESSED ON THIS SURVEY ARE THOSE LISTED IN SCHEDULE 13 OF THE TITLE COMMITMENT ISSUED BY UNIVERSAL LAND TITLE Of NORTH TEXAS, LLC, AND LAWYERS TITLE INSURANCE CORPORATION, Gr No, 01913909-704, EFFECTIVE DATE, AUGUST 2+. 2009, 8-- DO am,, ISSUED SEPTEMBER 6, 2009, 8,'00 am. 4) ITEM 10.c, (VOL 30.30, PC. 116) IN SCHMVLE B DOES NOT AFFECT THIS TRACT, B) THE ACREAGE CALCULATED AND SHOO HEREON IS CONVERTED FROM THE SQUARE FOOTAGE SHOWN HEREON, AND IS FOR INFORMATION& PURPOSES ONLY. 6) ACCESS IS DENIED TO AND FROM 711E TRANSPORTATION FACILITY ACROSS THE "ACCESS DENIAL LINE". 7) ALL RECORD STATE OP- TEXAS RIGHT—OF—WAY DEEDS SHOWN ARE RECORDED IN THE OEEU RECORDS OF TARRANT COUNTY, TEXAS (D-R.T.C.), UNLESS O-MERVASE NOTED. 0. TXDOT TYPE I CONCRETE MONUMENT FOUND R9 TXDOT TYPE 11 CONCRETE MONUMENT FOUND ED TXDOT TYPE II CONCRETE MONUMENT 'SET 0 1/2- IRON ROD SET %VIIH TXDOT ALUM CAP E9�C' SM 112- IRON ROD FOUND MTM CAP 4) 1/22 IRON ROD FOUND (UNLESS NOTED) 0 SQUARE --MEAD BOLT FOUND 0, IR014 PIPE FOUND (SIZE NO -FED) 0 FENCE POST X CHISEL MARK FOUND A. 600 NAIL FOUND (UNLESS NOTED) A CALCULATED POINT It PROPERTY DINE Q STATE HIGHWAY 114 BASELINE N,T,& NOT—TO—SCALE (XXX) RECORD INFORMATION P.O 8, POINT OF BEGINNING P.0 C, PINK OF COMMENCEMENT R.O.W. RIGHT—OF—WAY ESMT, EASEMENT P-U.E, PUBLIC UTILITY EASWENT RR TC PLAT RECORDS. TARRANT COUNTY IDA T.C. DEED RECORDS, TARRANT COUNTY 0A.T.c, OFFICIAL RECORDS, TARRANT COUNTY DISTANCE SHOWN NOT TO SCALE APPROXIMATE SURVEY LINE I HERESY CERTIFY PIAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HERUN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 03/03/10 CHRIS CONRAD, REG, PROF, LAND SURVEYOR NO. 562l- DATE; I &4-.\09-124—Fort-1N DAh—Fvnntti—Projoot\Porceis\PAR-237R,EY I SQ HARE FEET ACQtJISIIION 40,372 URVE iYED AREA:! RVF SURVEYED 758, M A EM EMAIMNDER ARM 718,6718 &4-.\09-124—Fort-1N DAh—Fvnntti—Projoot\Porceis\PAR-237R,EY I TPUSANOCOR P, C -,(--F 1� ) F. ORIGINAL VLco�j OF LGE) IN 6NCq A PLAT OF A SURVEY OF PARCEL 23 PARCE I eof TAMANT CokwTyl E9�C' SM STATE HIGHWAY 114 Deparbwent p DFIRIS SUZANNI� " ,�4 23 if Tralottamon L r 90,.) -- I R.D.W.—C. $1 4. NM SCALE MERAL All) FRDJECT NO. I" - 200' NH20O9(e%)91#:; COUNTY TARRANT V= tt r &4-.\09-124—Fort-1N DAh—Fvnntti—Projoot\Porceis\PAR-237R,EY I July 2010 Parcel 23 Nunty: Tarrant C8J* 0353-03-088 DPW Connector SH 114: From BS 1144 in Grapevine to Dallas County Line AND IN AMMON THERETO The temporary right to enter upon the remainder of the heroin described parcel for the sole purpose of removing those two certain outdoor advertising signs situated partially upon the heroin described parcel and partially upon the remainder of the heroin described parcel. TRUG AND MRIMCf (-'OPY ()'p y s owlKAL lu=Rl) wo IN TART OT 001)1 FY, TEXAS: SU 2,ANNV, 1IFNVjjM0,,4, COUNTy CI,EVK Parties to be Notified q with Judge of this Court'. :Sam's Real Estate Business Trdst, a Delaware Statutory Trust Registered Agent for Service: The Secretary of State of the State of Texas (or any Assistant Secretary of State, or any clerk having charge of the corporation department of the office of the Secretary of State) Statutory Documents Section -.Ci ' tations Unit 1419 Brazos -street, Room 214 Austin, Texas 78701 With the Secretary of State foi-warding at copy of the ,k ward to: Sam's Real Estate Business Trust, a Delaware Statutory Trust 2001 SE 10th Street Bentonville, Arkansas 72716-0550; Stacey -Trip, L.L.C., a Colorado Limited Liability Company Registered Agent for service: Debby Trippet, aWa Debbie Trippet, aWa Deborall Trip�p,el 16349 Lauder Lane Dallas, Texas 75248 CBS Outdoor, Inc., a Delaware corporation, successor in interest'to Reynold's Outdoor, Inc,, aTexas corporation Registered Agent for Service: The Prentice Hall Corporation 211 E. 7th Street, Suite 620 Austin, Texas 78701-3218 Clear Channel Outdoor, Inc., 'a Delaware corporation Registered Agent for Service: Corporation SdIvice Company d/b/a CSC -Lawyers Incorporating Service Corry any 211 E. 7th Street, Suite 620 Austin, Texas 78701- 21.8 OF, Capital Modular Space, a division of Txanspoit International Pool, Inc,, a Pennsylvania corporation Registered Agent for 8ervice,. C T Corporation -350 M St. Paul Street, Suite 2900 Dallas; Texas 752,01-4234 Donald C. Toner, Jr. 'Texas Departtnent of Transportation Director, Turnpike Right of Way Texas Turnpike Authority Di-vislon. /745`' ervy,C. hase -Drlve,'J3uiWdg,-5 I -N Slike,20 0., Austin, Texas 78752 lum ANT) co;tprZ, 11,11py of ,FAnt,Nj-ouffn%,m%�s Im V. 014, COUNly CLV SmANN Attornas to be Notified of Filing of'S6ecial CommissioLiers' Award with Judge of this Court: Sejin C. Brooks Assistant Attorney Genexal Transportation Division P.O. Box 12548 Austin, Texas 78711-2548 Edw6rd D. Burbach Gardere Wynne Sewell, L.L.P. One American Center 600 Congress Avenue, Suite 3000 Austin, Texas 78701-2978 Allen Sinith Settle & Pon, P.C, 3333 Lee Parkway, -Eighth Floor Dallas, Texas 75219 A CERTIFIED copy, ATTEaf' 20 1 OUZANN H NOE W County Gfork �-pTerr t C arty, Tom Dol)ujy ROTBFELDER & FALICK, L.L. Attorneys At Law I RicHARD L. Ro I HE LDER rrothfelder@swbell.net BOARD CERTmED - OvEL TRIAL LAW Mr. William D. 'Tate Mayor The City of Grapevine 200 S. Main P.O. Box 95104 Grapevine, TX 76099 Mr. Matthew Boyle City Attorney The City of Grapevine 200 S. Main P.O. Box 95104 Grapevine, TX 76099 Mr. Bruno Rtunbelow City Manager The City of Grapevine 200 S. Main P.O. Box 95104 Grapevine, TX 76099 Mr. Scott Williams Director of Development Services The City of Grapevine 200 S. Main P.O. Box 95104 Grapevine, TX 76099 1201 LouisLANA SurFE 550 HOUSTON, TEXAS 77002 October 25, 2010 TELEPHONE: 713-220-2288 FAcsmnu: 713-658-8211 WWW.ROTHFELDERFALICK.COM Via Hand Delivery Via Hand Delivery Via Hand Delivery Re: Cause No. 10-85470-2; The State of Texas v. Sam's Real Estate Business Trust, as Delaware Statutory Trust, et al; In Tarrant County Court at Law No. 2 in Tarrant County, Texas; Our File No. 1030-233. lw�r' ' "JR! %ff"'Ja/ October 25, 2010 Page 2 Dear Messrs. Tate, Boyle, Rumbelow, and Williams: The Texas Department of Transportation ("TxDOT") is conducting improvements and widening to SH 114 ("Project") in the vicinity of the City of Grapevine, Texas ("Grapevine"). As a result of the Project, TxD,OT has determined it is necessary to acquire by eminent domain fee title in certain land and improvements adjacent to SH 114. The State of Texas ("State") has therefore filed the above -captioned Petition for Condemnation to acquire property including a portion of Stacey -Trip, LLC's (Stacey -Trip") real property, as described in Exhibit A attached to this letter ("Property"). Additionally, the State seeks, to acquire by condemnation an outdoor advertising structure ("Sign") owned and operated by CBS Outdoor, Inc. ("CBS") pursuant to a Lease Agreement ("Lease") with Stacey -Trip. Stacey -Trip is represented by Ed Burbach and Jim Scott of Gardere Wynee Sewell, L.L.P. Our firm represents CBS. This letter is written on behalf of Stacey -Trip, and CBS. The Sign pole is not located on the portion of the Property the State is acquiring. However, after the land is taken, the Sign face will overhang the easement by a few feet. Exhibit B to this letter shows the Sign, and two arrows indicate the new location of the easement after the taking, as well as the portion of the Sign that will ultimately overhang the easement. As a result of the overhang, the State must either acquire the entire Sign structure, or CBS must conduct maintenance to the Sign so that the face no longer encroaches on the easement, CBS and Stacey -Trip do riot believe that approval of the City Grapevine is necessary to conduct such maintenance. However, should the City of Grapevine believe that approval is necessary, Stacey - Trip and CBS jointly request that Grapevine grant CBS leave or a special permit, if necessary, to conduct the maintenance. The State supports this request and recognizes that the jurisdiction to grant this request is with the City of Grapevine not the State. The proposed works is permitted under TxDOT's regulations as set forth in 43 Tex. Adm. Code 21.160, the purpose of which is to provide for the relocation of certain signs along regulated highways within Texas that would otherwise be precluded. More specifically, Section 21.160(f)(1), "Bisection", states as follows: "An existing permit may be amended by the district office_ to authorize...a monopole sign face overhanging the proposed right of way to be shifted to the remainder..." Our review of the Grapevine sign regulations failed to reveal a provision similar to 43 Tex. Adm. Code 21.160, and it is our understanding that Grapevine's current regulations prohibit the construction, erection, remodeling, alteration, relocation, or expansion of a sign unless a zoning permit has been obtained in accordance with Section 60 of the Zoning Ordinance. Furthermore, we understand that Grapevine asserts new outdoor advertising structures such as CBS's Sign are not permitted in Grapevine, as this type of sign is not included within the classification of signs Grapevine allows. October 25, 2010 Page 3 We note, however, that Section 60.C. 11. provides that a "sign which has been permitted to, remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it is, blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other material on the sign." A sign or substantial part of it is considered to have been destroyed "only if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location." Section 43 of the Zoning Ordinance addresses nonconforming uses and structures, and contains a similar 60% test in 43.D.3.e., which states, "(w)henever a structure, in which a nonconforming use is housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of more than sixty (60) percent of the replacement cost of the structure, on the date of the damage, the right to operate such nonconforming use shall terminate." While we acknowledge that the Sign has not been damaged, destroyed, or dismantled, the provision appears to be the closest and most analogous to the situation involving CBS's Sign. As the cost to shift the Sign face a few feet is well below 60% of the cost of the Sign, it appears this minor alteration should be allowed by Grapevine, whether it is referred to as a "repair" or an "alteration", The State's acquisition of the portion of the easement underneath the Sign face does not render the structure nonconforming. Section 43.1.2. of the Zoning Ordinance provides that, in the event a right-of-way acquisition by a government agency causes a property or its existing improvements to be in violation of a City zoning ordinance or other land use regulation or ordinance, the property shall be exempt from the provision to the extent the violation is caused by the right-of-way acquisition. CBS and Stacey -Trip have worked in cooperation with the State in an effort to resolve this matter while having little or no effect on the residents of Grapevine and its taxpaying citizens. Our proposed resolution involving a slight shift of the Sign face will have zero negative impact on the Grapevine community—the Sign will not be enlarged or changed in any way other than the face moving a few feet away from the right-of-way. If the alteration does not occur, the condemnation case will proceed. The Sign is under a 90 year lease and generates approximately $250,000 in revenue per year, and CBS will likely seek compensation for the fair market value of the Sign in an amount of at least $1 million. Additionally, Stacey -Trip will likely seek compensation for the loss of its property rights in an amount in excess of $1,000,000. We believe our proposal is the most responsible and effective means of resolving this condemnation proceeding and saving the taxpayers millions of dollars in acquisition costs. In conclusion, we believe no permit is required for this minor change that falls well within the 60% test contained in the zoning ordinance. Further, we maintain this minor maintenance should be allowed since it is the result of a governmental taking. In the alternative, a variance should be granted to allow CBS to conduct this slight maintenance to the Sign. The undersigned, counsel for CBS and Stacey -Trip, along with our respective clients, propose a meeting with you and/or the other appropriate decision makers of Grapevine in order to further discuss this matter. The State, as a show of support of this request, also wishes to be present with its counsel, Sejin C. Brooks, Assistant Attorney General, and client representative, Keith Sliger with TxDOT. Should you desire to discuss this matter directly with Mr. Brooks, his October 25, 2010 Page 4 phone number is 512-463-2004. We would like to meet with you as soon as possible, hopefully over the next month, pending conflicts we or our clients may have. We look forward to hearing from you in the near future to schedule ROTHFELDER & FALICK, L.L.P. 1201 Louisiana, Suite 550 Houston, TX 77002 (713) 220-2 88 Telephone (713) 658-8211 Facsimile ATTORNEY FOR CBS OUTDOOR, INC. f�.m�l �.,rn�� Edward D. Burbach GARDERE WYNNE SEWELL LLP 600 Congress Avenue, Suite 3000 Austin, TX 78701 (512) 542-7070 (direct) (5,12) 542-7270 (fax) a*m—e's- C. Scott State Bar No. 3,000 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 (214)999-4598 (direct) (214) 999-3598 (fax) ATTORNEYS FOR STACEY -TRIP, L.L.C. October 25, 2010 Page 5 RLR/mr Enclosure cc: Sejin C. Brooks Via Email Assistant Attorney General Keith Sliger Via Email Texas Department of Transportation Ed Burbach Via Email Jim Scott Via Email JOHN F. BOYLE, JR. ATTORNEYS AND COUNSELORS L. STANToNLowRy 4201 WINGREN, SUITE 108 MATTHEW C. G. BOYLE IRVING, TEXAS 75062-2763 DOUGLAS H. CONNER, III MICHAEL K. KALLAS wwwboyle-lowryxurn CATHY CINNINGHAM LISA H, TOMASELLI* JENN7ER GAjTHER* HOLLY FOX* JILL LowRy* *OF COUNSEL December 8, 2010 Via Fax (713)658-8211 and First Class Mail Mr. Richard L. Rothfelder, Rothfelder & Falick, L.L.P. 1201 Louisiana, Suite 550 Houston, Texas 77002 Re: Cause No. 10-854720-2 (Your File No. 1030-233) Dear Mr. Rothfelder, (972) 650-7100 Fax: (972) 650-7105 Writer's Direct Line: (972) 650-7104 E-mail :mcgboyle@boyle-low-ry.com We represent the City of Grapevine as its City Attorney., In that capacity, we have been provided your correspondence regarding the sign(s) owned or leased by your client(s). As your letter acknowledges, the sign is currently nonconforming under the applicable City codes. Accordingly, the sign cannot be moved, altered, or adjusted under the current conditions. Therefore, be advised that the City cannot approve your request. Thank you for your attention to this matter. Sincerely, BOYLE & LOWRY, L.L.P. Matthew . G. Boyle Assistant City Attorney Cc: Bruno Rumbelow, City Manager Tommy Hardy, Assistant City Manager I U Z11 Z "t I a LA V I I L- I T I - - - - - - - - - g.- J A February 22, 2011 Mr. Richard L. Rothfelder, Rothfelder & Falick, L.L.P. 1201 Louisiana, Suite 55Q Houston, Texas 77002 Re: Illegal alteration of off -premise sign Mr. Rothfelder, It has come to our attention that your client's sign located on the Sam's Club property located at 1701 W State Hwy 114 has been illegally modified. Section 60, A. of the Grapevine Comprehensive Zoning Ordinance states, "no sign, except for signs listed in Sec. 60, shall be painted, constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has, been obtained..,". No such permit was issued for this sign. You were previously advised in writing on December 8, 2010, that the sign could not be legally moved, altered, or adjusted. Furthermore, Section 43 D. 2. of the Grapevine Comprehensive Zoning Ordinance prohibits the remodeling of a nonconforming use, and Sec 43.D.3,.b. of the same ordinance states that "'the: violation of any of the provisions of this ordinance or violation of any ordinance of the City of Grapevine with respect to a nonconforming use shall terminate immediately the right to operate such nonconforming use. The modification of this nonconforming sign without a permit is a clear violation of City Ordinance, and as such immediately terminated any legal nonconforming status the sign might have enjoyed. Therefore, the sign is now an illegal sign which must be removed. Your client is hereby ordered to remove, this illegal: sign structure from the property within 30 days of receipt of this certified letter. Failure to do so will result t in legal action by the City, including but not limiked to the issuance of citations. Thank you, for your attention. Do not hesitate to contact me if you have questions. tjilfiams EXHIBIT 6 el pment Services Director/ Building Official '4- 5,4 A, D r ED. Z+, L V I I � I : I OAM U�EX P fir, 0 Mr. Richard L. Rothfelder, Rothfel&-r & Falick, L.L.P. 1201 Louisiana, Suite 550 Houston, Texas 77002 BOYLE ATTOMMYS AM COUNSMORS 4201 VfVGPXN. SUM 109 IRVING, TEXAS 75062-2763 www,boyle.tovny.com UNTM.-Ta"W, WIN NU. MU r, Z (972) 65DMOO I= (972) 650-7105 WrItees Dh= Liao: (972)650.7104 �maiL,mcgboylo@boyle-lowry.com Via letter dated December 8, 2010, you were advised that your client's sign at 1701 W. W. State Highway 114 could not be legally moved, altered, or adjusted, Our letter of that date was based on and consistent with the Building Official's prior decision on the matter. In spite of our waming, it is clear that your client illegally modified the sign in question, Such work was conducted without a permit of any kind from the City. As a result, any prior legal non- conforming status of such sign was terminated immediately. Therefore, the: sign is now illegal and must be removed. If for any reason the sign is not timely removed, we have been authorized to pursue all available remedies on behalf of the City. Siacaelyl 1n 1, Matthew C. G. Boyle Assistant City Attomey Cc: Bruno Rumbelow, City Manager Scott Williams, Development Services Directox p K, AM A W J� Mr 104.11 Alternative materials, design and methods of con- struction and equipment. The provisions of this code are not intended to prevent the installation of any material or to pro- hibit any design or method of construction not specifically pre- scribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the require- ments of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing pro- cedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building offi- cial for the period required for retention of public records. Or y 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert of replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application there- for to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alter- ations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authori- zation for any work to be done in any manner in violation of the 2046 INTERNATIONAL BUILDING CODED ADMINISTRATION provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (I I M2). 2. Fences not over 6 feet (1829 mm) high, 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class 1,11 or IIIA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2-1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an acces- sible route, 7. Painting, papering, tiling, carpeting, cabinets, coun- ter tops and similar finish work, 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (6 10 mm) deep, do not exceed 5,000 gallons (18'9251.) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service sys- tems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional sup- port of Group R-3 and U occupancies. 13. Nonfixed and movable fixtures, cases, racks, coun- ters and partitions not over 5 feet 9 inches (1753 nun) in height, Electrical: Repairs and maintenance: Minor repair work, includ- ing the replacement of lamps or the connection of approved portable electrical equipment to approved per- manently installed receptacles. Radio and television transmitting stations: The provi- sions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system ADMINISTRATION required for the testing or servicing of electrical equip- ment or apparatus. Gas: 1. Portable heating appliance. 2, Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1, Portable heating appliance. 2. Portable ventilation equipment. 3,. Portable cooling unit, 4. Stearn, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. Na, Portable evaporative cooler, 7,. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of I horsepower (746 W) or less. Plumbing: I. The stopping of leaks in drains,, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it bCCOTnes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstal- lation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.2.1 Emergency repairs. Where equipment replace- ments and repairs must be performed in an emergency situa- tion, the permit application shall be submitted within the next working business day to the building official. 105.,2.2 Repairs. Application or notice to the building offi- cial is not required for ordinary repairs to structures, replacement of lamps or the connection of approved porta- ble electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cut- ting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rear- rangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of genera- tion, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit To obtain a permit, the appli- cant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: I. Identify and describe the work to be covered by the per- mit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 106. 5. State the valuation of the proposed work. 6, Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as required by the building official. 105-3.1 Action on application. The building official shall examine or cause to be examined applications for pennits and amendments thereto within a reasonable time after fil- ing. If the application or the construction docurrients do not conform to the requirements of pertinent laws, the building official shall reject such application in. writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building ,official shall issue apermit therefor as soon as practicable. 105.3.2 Time lindtation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issu- ance of a pernift based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occu- pancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is com- menced within 180 days after its issuance, or if the work autho- rized,on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The 2006 INTERNATiOiANAL BUILDING COD,& N building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the pro- visions of this code wherever the permit is issued in error or on. the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provi- sions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the pro- ject. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Construction documents, state- ment of special inspections and other data shall be submitted in one or more sets with each permit application. The construc- tion documents shall be prepared by a registered design profes- sional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special condi- tions exist, the building official is authorized to require addi- tional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. 106.1.1 Information on construction documents. Con- struction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permit- ted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indi- cate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regula- tions, as determined by the building official. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be sub- mitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall con- tain all information as required by the referenced instal- lation standards in Chapter 9. 106.1.2 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compli- ance with the provisions of this code. In other than occupan- cies in Groups R-2, R-3, and 1-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 106.1.3 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in 2006 INTERNATIONAL BUILDING COD�O ADMINISTRATION sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, inter- sections with dissimilar materials, corners, end details, con- trial joints, intersections at roof, eaves or parapets, means of drainage, water -resistive membrane and details around openings. The construction documents shall include manufac- turer's installation instructions that provide supporting doc- umentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 106.2 Site plan,. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise war- ranted. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construc- tion documents and shall ascertain by such examinations whether the construction indicated and described is in accor- dance with the requirements of this code and other pertinent laws or ordinances. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction docu- ments shall be approved, in writing or by stamp, as "Reviewed for Code Compliance."" One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or des- ignated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully autho- rized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.3.3 Phased approval. The building official is autho- rized to issue a permit for the construction of foundations or any other part of a building or structure before the construc- tion documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with perti- nent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure Signs are recognized as a significant and specific use of land for the purpose of protection of places and areas of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings; to preserve residential values; and' to encourage the most appropriate use of land, standards are herein provided for the installation of signs. No sign shall be erected, placed, or located except in accordance with the following standards: #, A. SIGN PERMITS. No sign, except for signs listed in Section 60, shall be Daitted- constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has been obtained in accordance with the procedure set out in this Ordinance. No zoning permit for any sign, shall be issued unless the sign complies with the regulations of this Section 60. It shall be unlawful for the owner of any property, or any other person, firm, or entity to place, allow to be placed, maintain or allow to be maintained, portable commercial billboards or on-site business signs in the City. Any portable sign for which a current and valid permit has, been issued shal,l be allowed until the expiration of the permit. No signs shall be permitted except as specified in this Section 60. I . Functional Types. a. NAMEPLATE SIGNS. A permanent sign affixed to the exterior wall of a building, giving the name and/or address of the owner or occupant of a building or premises in which, it is located, and, where applicable, a professional status. b. ON -PREMISE SIGNS. A permanent sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. C. DEVELOPMENT SIGNS. A temporary sign identifying the developing tract of land on which it is located. In residential districts, said sign shall be removed after four (4) years, or when ninety (90) percent of the lots, are sold, whichever occurs first. In all other zoning districts, said sign shall be removed after three (3) years, or when seventy (70) percent of the lots are developed, or whichever occurs first. d. CONSTRUCTION SIGNS. A temporary sign containing the names of 141910 Section 66 Hereinafter provided, no nonconforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered, or repaired, except in conformity with the following regulations: A. TYPES OF NONCONFORMITY: Any use of land or buildings which does not conform to use regulations prescribed in this ordinance shall be deemed to be a nonconforming use. B. NONCONFORMING STATUS: Any building or structure which does not conform to the lot area, front yard, side yard, rear yard, coverage, height, floor area ratio on conforming status. A nonconforming status under the provisions of this ordinance shall exist - When a use or structure, which doles not conform to theregulations prescribed for the district in which such use or structure is located, was in existence and lawfully constructed, located, and operating on the effective date of this ordinance and has since been in regular and continuous use. 2. When a use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the City of Grapevine and has since been in regular and continuous use. C. REGISTRATION OF NONCONFORMING USES: The operator, owner or owners of all nonconforming uses of land or buildings shall, within eighteen (18) months of the effective date of this ordinance, register such nonconforming use by obtaining from the Building Official a Certificate of Occupancy (nonconforming). Such Certificate of Occupancy (nonconforming) shall be considered as evidence of the legal existence of a nonconforming use, as contrasted to an illegal use or violation of this Ordinance. The Building Official shall maintain a register of all Certificates of Occupancy issued for nonconforming uses and shall, on 'written request and payment of a fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. A nonconforming structure need not be registered. III - III : 0 •RMM 1. It is the declared purpose of this Ordinance that nonconforming uses be eventually discontinued and the use of the premises be required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming uses. Nonconforming uses shall be discontinued in the following manner: 011910 1 Section 43 . .. ... . TRIM, %', 0�, a,. Any nonconforming use not conducted within a building shall be discontinued within two, (2) years from the data this Ordinance shall become effective. b. Any nonconforming use conducted partly within a building and partly without a building shall be discontinued within five, (5) years from the date this Ordinance shall become effective. C. Any nonconforming use conducted wholly within a building shall be discontinued, within ten (1 0) years from the date this Ordinance shall become effective. 40 2. A nonconforming use may be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided. I The right to operate a noncoinformiing use shall cease and such uise shall be terminated under any of the! following circumstances. a. Whenever a nonconforming use is abandoned, all noncionformin right shall cease, and the use of the premises shall henceforth be ' n conformance to this Ordinance. Abandonment shall involve the int e of the user oi,r owner to discontinue a nonconforming operation a the actual act of discontinuance. Any nonconforming use which discontinued for, or which remains vacant for a period of six months shall':be considered to have been abandoned. b. The viiolation of any of the provisions of this Ordinance or violation of any Ordinance of the City of Grapevine with respect to a nonconforming use! shiall terminate immediately the right to operate such nonconfoirmiing use. Whenever a nonconforming use is changed to a conforming use bil rezoning so as to achieve compilian,ce with the provisions of a new different zoning,district. i d. Whenever a noinconforming use is chang- d - de:r the provision of this section. e. Whenever a structure, in which a nonconforming use is housed,, operated,, or maintained, is, destroyed or damaged by fire or other causes to the extent of more than sixty (610) percent of the replacement cost of the structure, on the date of the damage, the right to operate such nonconforming use shall terminate. f. The, right to maintain or operate a nonconforming uise may be 0111,910 2 Section 43 terminated by the Board of Adjustment in accordance with provisions of Section 67A of this Ordinance. E. CHANGING NONCONFORMING USES - 1. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use. 2. The Board of Adjustment may grant a change of use from one nonconforming use to another nonconforming use provided such change is to a use permitted in a zoning district where the original nonconforming use would be permitted, or provided that such change is to a use permitted in a more restrictive classification. However, such change of use and occupancy shall not tend to, prolong the life of a nonconforming use. Upon review of the facts in accordance with Section 67A, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use. 3. The Board of Adjustment may approve the remodeling or enlargement of a nonconforming use when such an enlargement would not tend to prolong the life of the nonconforming use. Upon review of the facts, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use. F. LIMITATIONS ON CHANGING NONCONFORMING USES: No nonconforming use shall be changed to another nonconforming use, which requires more off-street parking spaces or off-street loading space than the original nonconforming use, unless additional off-street parking and loading space is provided so as, to comply with the requirements of Sections 55 and 56. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing on the effective date of this Ordinance. No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment. All nonconforming uses being expanded under the provisions of this Ordinance shall comply with the other applicable provisions of this Ordinance. G. TERMINATION OF NONCONFORMING STRUCTURES: 1. In the event of damage, or destruction of a nonconforming structure to the 611916 3 Section 43 extent of sixty (60) percent of the replacement cost of such structure on the! date of such damage, such nonconforming structure may be rebuilt only after public hearing and favorable action, by the Board Of Adjustment as provided by Section 67A. 2. Whenever a nonconforming structure is determined to be obsolete,, dilapidated, or substandard by the Board of Adjustments, the right to operate, occupy, or maintain such structure may be terminated by action, of the Board of Adjustment as provided in Section 67A and such structure, shall be demolished. H. SPECIAL, REGULATIONS FOR PUBLIC AND DENOM I NATIONAL SCHOOLS: All public schools, denominational schools having a curriculum equilvallent to public elementary or secondary schools, and all accessory buildings and structures normally associated therewith, including stadiums and field houses, which are built and existing on the effective date of this, Ordinance, shall be considered as conforming to the prolvision of this Ordinance. In the event such school building has been constructed with lesser front yards, or rear yard,s, or with greater coverage, of floor area ratio than herein specified, such bluild�ing may be altered,, remodeled, enlarged, or increased in height but no: provisions herein shall be construed as to r,equ1i:re greater yards, or lesser coverage, or floor area ratio than provided by the existing construction and building permits sh,alil be issued if in compliance with the provisions of the building code. 11211 li� i 1 11 9��MMCYM 1 Definitions. As used in this section, the following terms shall have the respective meanings ascribed to thiem: Govemmental agency shall mean the United States of America, State of Texas, County of Tarrant, the City of Grapevine, or any other governmental agency with the abexercise em,inienit domain polwers. Right-of-way acquisition shall mean the securing of right-of-way through negotiation, purchase, bargain, trade, donation, condemnation, or other means by use or threat of eminent domain, but not including the dedication of right-of-way through plaffing or zoning processes. 111�111111i � I I I � � � I i I �•i MM=* 011910 4 Section 43 governmental agency causes a property or its existing improvements to be in violation of a City zoning ordinance, subdivision rule, or other land use regulation or ordinance, the property shall be exempt from the provision to the extent the violation is caused by the right-of-way acquisition, subject to the following: (A) Zoning Change. (1) The exemption shall not apply to a property that undergoes a zoning change initiated by the property owner subsequent to the right-of-way acquisition; instead, the property shall have a non -conforming status to the extent that any nonconformance with city ordinances resulted from a right-of-way acquisition by a governmental agency prior to the rezoning, and', shall be treated as a nonconforming use or structure pursuant to the City's comprehensive, zoning ordinance. (2) A zoning change initiated by the City shall not cause a property to lose the exemption provided by this section for property affected by right-of-way acquisitions. (B) Safety Hazard. Nothing in this provision shall be construed to permit any site element to create a traffic safety hazard or another life safety hazard. (C) Compensation for Noncompliance. (1) The, exemption shall not apply to property if the right-of-way acquisition renders the remainder of the property unusable, and the governmental agency compensates the property owner for the damage to the remainder. Where such compensation is provided, the property owner is responsible for any curative measures necessary to bring the property in compliance with city codes, ordinances, and regulations. Is (2) The exemption shall not apply to the property if the governmental agency offered compensation to the property owner for demolition, removal, relocation, or replacement of improvements or other measures 911910 5 Section 43 curative of the violation of City codes or ordinances caused by the right-of-way acquisition. (3) For property ineligible for an exemption under this subsection (C), the development services director is authorized to: a. Provide notice to any affected property owner, lienholdier, and/or certificate of occupancy holder, listing any items of noncompliance; and b. File an affidavit in the Tarrant County Deed Records noting t I he item(s) of noncompliance, advising that compensation was paid for such noncompliance, and that a certificate of occupancy shall not issue until such noncompliance is cuired. Once: the property and its improvements are brought into, full compliance with all applicable ordinances of the C�ity, the planning director shall file an affidavit in the Tarrant County Deed Records noting such compliance. (4) If a property is ineligible for an exemption under thM subsection (C), the builiding off Icial is authorized revoke a certificate of occupancy of any building structure for noncompliance with a code, ordinan,ic or regulation. I (5) The Building Board of Appeals Commission is authorized to issue an order of demolition a minimum of 90 days after the certificate of occupancy has been revoked for any building or structuire on property ineligiible for an exempon under subsection, 3. Effective Diate. The provisions of this section shall apply to any property acquired by eminent domain after January 191, 2010. 0119,10 6 Sectiion 43 A. There is hereby created a Board of Adjustment which shall consist of five (5) regular members, each, to be appointedby a majority of the City Council for a term of two (2) years. B. In addition to the five (5) regular members of the Board of Adjustment, three (3) alternate members of the Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager, shall be appointed by a majority of the City Council, so that all cases heard by the Board of Adjustment will always be heard by a minimum of four (4) members. C. Regular members and alternate members, of the Board of Adjustments shall serve a term of two (2) years andl until their successors are appointed and qualified. Regular and alternate members of the Board of Adjustment may be removed from office for cause by the City Council upon written charges and after a public hearing. D. The Board of Adjustment shall select from among its regular members, a chairman, and acting chairman, to act in the absence of the chairman, and a secretary, E. The Board of Adjustment may adopt rules to govern its proceedings and conduct of the business before the Board. Any rule or rules shall be adopted by a resolution by the Board entered upon the minutes of the Board and a copy thereof shall be filed with the City Secretary of the City of Grapevine. F. Meetings of this Board shall be held at the call of the chairman, and at such other times as the Board may determine. Such chairman or, in his absence, the acting chairman shall administer oaths and compel attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon such question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be, filed in the office of the Board and shall be a public record G. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer of the department, board or bureau of the City, affected by any decision of the building inspector or other administrative officer of the City relative to the Zoning Ordinance. Such appeal shall be taken within fifteen (15) days after the date of the decision of the building inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken and within the 071597 Section 68 Board of Adjustment a noticeof appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith, transmit to the Board all the papers constituting the record from which the, appeal was taken. 1. A filing fee of one hundred dollars ($100.00) to help pay a part of the cost of legal publication, accumulating engineering data, and other administrative costs shall accompany each notice or appeal filed with the Board of Adjustments. 2. An appeal shall stay all proceedings in furtherance of the action appealed from, unless, the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice, of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining ordle:r which may be granted by the Board of Adjustment of a Court Of Record on application of notice to the officer from whom the appeal is taken and on due cause shown. Elm• The Board of Adjustment shall fix a reasonabIe time for the hearing of an appeal, give notice thereof, as well as due notice to the: parfies in interest, and decide the same within a reasonable time, Upon hearing any party may appear in; person, by agent or by attorney. I I Mi F 11 ii I M I 1 2 � 1 0 111110"111 re:A11reinent, uccilsuorl Wr TEMPI the City in the enforcement of this Ordinance. 2. To hear and diecidle special exceptions to the terms of this Or4inance! upon which the Board is required to pass uindier this Ordinance, if any. authiorize upon appeal in special cases, such variances from the terms of this Ordinance as will not be contrary to the pubilic interest, whe:re, owing to special conditions, the literal enforcement of the; provision of thii,s Ordinance will result in unnecessary hardship, so, that the spirit of this Ordinance shall be observed and substantial justice done. 4. To permit in any district such modification of the requirements of the district regulations, as the Board may deem necessary to secure an appropriate development of lot where adjoining such lot on two (2) or more sides, there 0 are lots occupied by buildings which do not conform to the regulations of the district. In exercising its powers, the Board of Adjustment may, in conformity with the provisions of this Ordinance and the provisions of Articles 1101-A to 1011 -J, both inclusive, after amended, reverse, or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all the: powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the Ordinance, or to effect any variance to this Ordinance. 2. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the City may present to a Court Of Record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the Court within ten (10) days after the filing of the decision in the office of the Board of Adjustment. J. No appeal to the Board of Adjustment shall be allowed on the same piece of property or on the same or similar question prior to the expiration of one year from the date of a ruling of the Board of Adjustment on any appeal to such body unless other property in the same zoning area shall have, within such one-year perilod, been altered or changed by a ruling of the Board of Adjustment, in which each such change of circumstances shall permit the allowance of an appeal. 071597 3 Section 68 U ONOTREVU CARBONS LON01TREO ECARBONDEPART U.S,FEDERAL AVIATION NOTICE OF PROPOSEB I U,S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NOTICE OF PROPOSE0 CONSTRUCTION OR ALTERATION NATURE OF STRUCTURE A T TYPE Is, CLASS C. PROPOSED LENGTH OF El NEW CONSTRUCTION PERMANENT TIME TO COMPLETE [:] ALTERATION [:] TEMPORARY (Months) 1 j Z NAME AND ADDRESS OF INDIVIDUAL, COMPANY, CORPORATION, ETC, PROPOSING THE CONSTRUCTION OR ALTERATION (Number, Street. City, State and Zip Code) We] FE L Albert Sign Company 6510 LBJ Freeway, Suite 200 Dallas, Texas 75240 Attn: Mark Albert il Form Approved O.M.B. No. 2120-M 3. COMPLETE DESCRIPTION OF STRUCTURE (include effective radiated powerotproposed ormodihadAM.17M. of Tio'station andassigned frequency; size and configuration otpower transmission line in vicinity olFAA facilities as appropriate). 2 141 x 481, 601 high, steel billboards THIS DMMINATION =PIRW iv- UNZSS OTHERWISE EXTEMR), WISED, OR TEMNATEED). 4, LOCATION OF STRUCTURE A COORDINATES (To nearest second) B. NEAREST CITY OR TOWN. AND STATE LATITUDE LONGITUDE Grapevine, Texas �It xa. -.7. , 4 41 .1 (1) DISTANCE FROM 481(2) DIRECTION FROM 48 1,71 s5,z r � within city limits MILES C. NAME OF NEAREST AIRPORT, HELIPORT. ORl SEAPLANE BASE (1) DISTANCE FROM NEAREST POI RECTION FROM Dallas- Ft. Worth Airport NEAREST RUNWAY AIRPORT NW I XUgKV Lot built D. DESCRIPTION OF LOCATION OF SITE WITH RESPECT TO HIGHWAYS, STREET$, AIRPORTS, PROMINENT TERRAIN FEATURES. EXISTING STRUCTURES, ETC. (Attach a highway, street, of any other appropriate map orscalod drawing showing the relationship olconstruction site to nearest airport(s), 11 more space is required; continue on a separate shear of paper and attach to thisnolice). 2 locations North of State Highway 26 and West of State Highway 114 S. HEIGHT AND ELEVATION (Complete A. 8. and C to the nearest tool) 6. WORK SCHEDULE DATES A. ELEVATION OF SITE ABOVE MEAN SEA LEVEL A, BEGINNING 5, HEIGHT OF STRUC - TURE INCLUDING APPURTENANCES AND LIGHTING *1 LIA, Tf I may 1, 1983 fit any) ABOVE GROUND, OR WATER IF SO SITUATED r 60' B. END C. OVERALL HEIGHT ABOVE MEAN SEA LEVEL (A + 8) s May 31, 1983 YES NO T OBSTRUCTION MARKED AND/08 LIGHTED IN A. MARKED ACCORDANCE WITH CURRENT FAA ADVISORY CIRCULAR 701`7460-1, OBSTRUCTION MARKINGS. AVIATION RED OBSTRUCTION LIGHTS AND LIGHTING C, HIGH INTENS.LT-Y—WHITE OBSTRUCTION LIGHTS D. DUAL LIGHTING SYSTEM I HEREBY CERTIFY [hat all of the above statements made by me are true-. complete. and correct -to the best al my knowledge, A— DATE TEL, NO.(Give area TYPED NAMEJTITLE OF PERSON FILING NOTICE SIGNATURE code) April 14, 83 (214) 387-8711 Mark Albert Notice is required byPart 77 of the FederetAveation Regulations (14 C FA Part 77)'pufstiant (OSachon 1101 of the FedilralAviation Act of 1958. as amended(49 US,C, IF01). POrsoft who knowingly -and willfully violate the Notice requirements ofPart 77are subject to fine (criminal penalty) of'not more fhanm for the first offense and tow more than $400 for subsequent offenses, pursuant to Section 90;?(8) of The Federal Awalsort Act of 1958, as amended 149 USC. 147210)) FAA 1=ORM 7460-1 (&82) 00 NOT REMOVE CARBON,( S I GN PERMIT OFFICE OF BUILDING INSPECTION GRAPEVINE CITY OF GRAPEVINE, TEXAS No. 7830016 ON TH IS DATE 5/07/B-3 PERMIT ISSUED TO ALBERT SIGIS "C01- OWNERGSR AGENT AL BER*r SIGN CO - WORK TO BE DONE AT HWY 114 AT HWY 26, NATURE OF WORK TO BE DONE BILLBOARDS INAGCORDANCE WITH APPLICATION ON FILE IN THIS OFFICE CONCEALED WORK MUST BE SHOWN BEFORE BEING COVERED TOTAL FEE BY F 0 R ALBERT SIGN CO& 6510 L8J FRWY DAL LASITEXAS 75240, SEPARATE PERMITS ARE REQUIRE -W FOR CONSTRUCTION, MECHAt 'ELECTRICAL WlRiNG, PLUMB� CSJ: 0353-03-088 PARCEL: 23 -4, � NO. THE STATE OF TEXAS CONDEMNATION PROCEEDN6 FILED V. IN THE COUNTY COURT AT LA SAMS REAL ESTATE 13USIMSS TRUST, A DELAWARE STATUTORY TRUST, ET AL. OF TARRANT COUNTY, TEX,4S-'�','--'�, zs ------------------- TO SAID HONORABLE JUDGE: Now Comes the State of Texas, herein called Plaintif� acting by and through the Texas Transportation Commission, represented herein by the Attorney General of Texaswho, at the request ofthe Its Ongffi@-P6-tit—io—nTOr—ffecondemnatio—n Of,the real property and interests or -rights pertaining thereto as hereinafterdescaibed, and shows that the Owners Of said land and their addresses for service are as fbIlOWS: SAWS REAL ESTATEBUSTMESS TRW, A OELAWA" STATUTOky TRUST, has engaged in business in the State of Texas (as it has acquired an interest in property located within the State of Texas), as said corporation is the fee owner of property recorded in Vol. 12473, Pg. 406 and Vol. 12779, Pg. 563, in the Official Public Records of Tarrant Colmjy, Texas; with said interest relating to real property, a pad of which is the subject of this eminent domain condemnation proceeding, and which foreign Trust has no certificate of authority to do business in Texas and has not designated or maintained a resident agent for service of process, and therefore under V.T.C.A., Civil Practices and RerneWes Code Section 17.044 the Secretary of State is an agent for service of process on such non-resident corporation, whose address for service's The SecmvtmY Of State of the State of Texas (or any Assistant Secretary of State, or any clerk having charge of the corporation department of the office rr J, jJl ,g J/ of the Secretary of State), Statutory Documents Section - Citations U6t, 1019 Brazos Street, Room 214, Austin, Texas, 78701, and the principal home office address of such corporation is Sam's Real Estate Business Trust, a Delaware Statutory Trust, 200,1 SE 10th Street Bentonville, Arkansas 72716-055�0; STAcEy-nip, L.L.C., A COLO Do Lt.mmD LIARiary COMPANY, whose registered agent for scrvice is Debby Trippet, a/k/a Debbie Trippe, aWa Deborah Trippet, 16349 Lauder Lane, Dallas, Texas 75248; 11111111!12111111111�111111pj PIZ! �WWII dkaiw INC., A TiI)RPORATION, whose registered agent for service is The Prentice Hall Corporation, 211 E. CORPORATION, Corporation Service Companyd/b/a CSC -Lawyers Incorporating Service Company whose registered agent for service, is, 211 E. 7th Street Suite 620, Austin, Texas 78701-3218; GE CAPrrAL MODULAR SPACE, A DIVISYON OF TRANsPoRT INTERNATIONAL POOL, INC., A PENNSYLVANIA CORPORATioN, whose registered agent for service is C T Corporation, 3563 N. St, Paul Stree, Suite 2900 , Dallas, Texas 75201-4234;, hereinafter called Defendant (whether one or more) or called owner (whether one or more) and shows as follows. 1. 0 9 The Texas Transportation Commission has found that in order to promote the public safety, ti, facilitate the safety and movement of traffic, to preserve the flnancial investment of the public in its highways, public necessity requires the laying out, opening, constructing, reconstructing, maintaining and operating of controlled access Wghways in the State of Texas as a part of the State highway system at such PeWon for condemnation - Page 2 locations as are determined necessary by such Commission; that the Texas Transportation Commission has found and determined that the tract(s) of land and improvements, if any, described in Exhibit "A" is/are suitable for use for such purposes and it is necessary to acquire the fee simple tide to said land, and improvements, if any, as provided by law, as a part of the State highway system to be constructed, reconstructed, maintained and operated thereon. It is intended to use said land for such purposes. Plaintiff, in the exercise of the police power for the preservation of human life and safety, and under existing laws, has designated said highway as a controlled access highway, pursuant to Title 6 of the Tex. Transp. Code Ann. (Vernon 1999), to which access from Defendant's remaining land, from which the herein -condemned land is severed, will be denied only as specified in the property description described in Exhibit "A". Plaintiff is entitled to condemn the fee title in such land and improvements, if any, for said purposes aforesaid and asks that the same be condemned for such purposes aforesaid; provided, however, there is excluded from said estate to'be condemned all the oil, gas and sulphur which can be removed from beneath said lazed: aforesaid Withoutanyright whatever remaining to the owner of such oil, gats acrd sulphurof ingress or egress to or from the surface of said land and improvements, if any, for the purpose of.exploring, developing, drilling, or mining of the same, 9 Further, the Texas Transportation Commission has found and determined that the two outdoor advertising signs, described in Exhibit "A" attached hereto, (hereinafter referred to as "two outdoor advertising signs") located partially on the land described in Exhibit "A" and partially on the remaining property of which the property described in Exhibit "A" was originally a portion, cannot be adequately reconstructed at its present location, and that equity and fairness will necessitate the compensation of the Defendant for the full value of the said two outdoor advertising signs. That leaving said two outdoor advertising signs bisected would create a hazard to the high -way and endanger human life and safety. That said Texas Transportation Commission has further found and determined that a temporary right to enter onto Petition for CGndamnation - Page 3 the property remaining is necessary for the removal and acquisition of said two outdoor advertising signs. Plaintiff is entitled to condemn the following interests for the purposes smted: Fee title to the tract of land described in Exhibit "A:" to be used for highway purposes; title to all that certain two outdoor advertising signs described in Exhibit "A" and situated partially on the land described in Exhibit "A" and partially on.the remaining land of which the land described in Exhibit "A" was originally a portion; and the temporary right to enter onto the property remaining for the sole purpose of entering and removing all of said two outdoor advertising signs; provided however, there is excluded from said estate to be condemned all the oil, gas and sulphur which can be removed from beneath said land described in Exhibit "A"' without any right whatever remaining to the owner of such oil, gas and sulphur of ingress or egress to or from the surface of said land for the purpose of exploring, developing, drilling or mining of the same. R11 The Landowner lilt of Rights was sent to the landowner in accordance with Texas Property Code Section 21.0112. 0 natPlaintiffand Defendant have been unable to agree upon the value of said real estate and interests therein to be condernned or the damages occasioned by the acquisition of such land and improvement,;, if any, and asks that Special Cominissioners be appointed as provided by law to assess the damages of the owner, WHEREFORF, the State of Texas respectfully prays that dime disinterested freeholders be appointed as Special Corntnissioners to assess the damages of the owner and file their decision all as provided by law, to the end that Plaintiffmay have a final judgment or decree of condemnation vesting in the State of Texas the fee title to said land and improvements, if any, except as above provided as to oil, gas and sulphur, fee title to said two outdoor advertising signs above described, together with a temporary right to enter onto: the Pead(jor, for Condenuiadon - Pag� 4 property remaining for the sole purpose of entering and removing all of said two outdoor advertising signs, for writ of possession, for costs ofsuit, prejudgment and post -judgment interest on the amount ofmoney that the Award of the Special Cornmissioners exceeds the amount of money awarded by the judgment to the Defendant berein, and for such other and further relief, general and special, at law or in equity', that Plaintiff may show itselflustly entitled. Respectfully submitted, GREG ABBOTT ATT ------ FIRST ASSISTANT ATTORNEY GENERAL BEI LCOBB DEPUTY ATTORNEY GENERAL FO CIVIL LITIGATION I RUTH k HUGHS DIRECTOR OF DEFENSE LITIGATION KRISTWA W. SILCOCKS ASSISTANT ATTORNE-Y GENERAL CHIEF, TRANSPORTATION DIVISION �-SEJIN C. BROOKS Assistant Attorney General State Bar No. 240soo46 Trarisportation Division -P.O. Box 12548 Austin, Texas 78711-2548 (512) 463-2004 (512) 472-3855 - Facsimile ATTORNEYS FOR PLAINTIFF, Tl -1E STATE OF TEXAS PctitiOn for COndemnation - Page 5 County: Tarrant Parcel: 23 Highway. SH 114 Limits. Froln BS 114L in Grapevine to Dallas! County Line Federal Aid Project No.: NN 2009 (656)�803 li CSJ: 0353-03-088 I i l 1, 1 li l 11 Will; I- I a rl . I : Page I of 7 March 3, 20111 15� Descripdon of 40,372 sqtwre feet of lajid out of Ambrose Foster Survey, Abstract No. 518, in the City of Grapevine, Tarrant County, Texas, same being a portion of Lot 1, Block 1, of Lot I and Lot 2, Block I Wal-Mart Addition-,Anriended, a subdivision of record in Cabinet A, Slide 8845, Plat Records, Tarrant County, Texas, said Lot I being described nn a Warranty Deed, dated September 4, 2003 to Saln's Real Estate Business Trust, of record in Volume 17176, Page 98, Official Records, -nd--boing-more-particularly-desmibM-by-,-ffe-tz��- and bounds as follows: COMMENCTNG at a 1/2 incb irou rod found with cap at the most westerly southwest coiner of said Lot 1, Block I wd said'Sam's tract, same being in dte north line of Lot 2, Block I of said . l: - ,,oceing described in a deed to Wal-Mart Real Estate Busilless Trust, of mcord in Document No- D204034856, Official Records, Tarrant County, Texas and also t�ie soutlLe4_q comer in Volume 388-173, Page 87,, Plat Records, Tarrant County Texas, said Lot 7-A being described ill a deed to CBR Assoclates loilit Venture, of record in Vci 10294, Page! 5, Deed Records, Tarralit County, Texas; THENCEs with the west line of said' Lot 1, Block I and said Sain's tract, North 0,0 degre" 47 ininutes 32 seconds West 501.09 feet to a calculated point at the iiortli comer of said Lot 1, Block 1, arid said San i's tract; same being the southwest comer of Lot 1, Block A, of Lot I and 2, Block A, Storguard No. I Addition, a subdivision. of record in Cabinet A, Slide 23319, Plat Records, Tarrant County, Texas, said Lot 1, Block A, being described in a deed to Ess Prisa Texas LP, of record in Document No. 1)205214197, Official Records, Tarrant County, Texas, same being in the east tine of Lot 5 of Grapevine Industrial Park Subdivision, a subdivision of record in -Volume 388- 140, Page 84, Plat Records, Tarrant County, Texas; TKNCE, with the north -Bare of said Lot 1, Block I and said Sam's tract and the south line of said Lot 1, Block A. Storguard No. I Addition and said Ess Prisa tracts, North 89 degrees 09 minutes 49 seconds East 813.40 feet to a 1/2 inch iron rod set with a, TEXAS DEPARTMENT OF TT ANSPORTATfON (TxDOT) aluminum cap for the POINT OF BEGINNING am the northwest corner of this tract; same being in the proposed west Right -of -Way (ROW) Ible of SH 114, 199.57 feet right of SH 114 Baseline Station 356+37.06; 1) THENCS, with the north line of this trach said Lot 1, Block 1, and said SaIll's tract and the South line of said Lot 1, Block A and said Ess Pisa tract„ North 89 degrees 09 minutes 49 seconds Bait 29.58 feet to a 1/2 inch iron rod found with cap at the aorthmst comer of this 00 tract, said Lot 1, Block 1, and said Sam's tmct and the southeast comer of said Lot 1, Block A and said ESS Ptisa tract, saline being in the existing west ROW line of 514114 and die west Jil rar of iha( tract described as 11.467 acres in a deed to State of Texas, of record in Volume 3830, Z Page 116, Deed Records, Tarrant Courtly, Texas, and the north corner of that tract described as 44 0.543 of one acre in a deed to State of Texas, of record in Volume 69 , Page 1780, Deed Records, Tarrant County, Texas; County: Tarrant Parcel. 23 Highway: S14114 Limits: From BS 114L in CmPevine to Dallas County Line Peder,21 Aid PrOjectNo.-- NH 2009 (iSS)8,13 R -O -W- CSJ: 0353-0-3-089 Page 2 of '7 March 3, 2010 ls� THINCE, with the northeast line Of this tract, said Lot 1, Block 1, and said Sam -s tract and the existing West ROW line of SH 114 and the west line Of Said 0.543 of one acre State of Texas tract the following four (4) coutses, nwnbered 2 through 5; 2) South 30 degi-ees 31 ""nutes 02 seconds East 215.52 feet to a calculated Point, from Which a T OT 1 e SI concrj�j��n� "nm;!It $eco: s 65 Ir ......... _fqy0. !A9arsNQr&-44- degree,-, 03 -rain u tes_4-7---.-,_ �dC�VW t 7 l'O feet;.. 3) South 28 degrees 28 minutes 02 seconds Dust 263.45 feet to a calculated point; frau,, Which a 1/2 inch iron rod found bears North 56 degrees 12 minutes 53 seconds conds E.0-27 4) with: a curve to the left, whose intersection angle is 05 degrees 20 minutes IM ,I �arc j—saHceo " 249-.-4-3— e chord of which b='9 South 30 degrees 57 minutes 21 seconds East 269.33 ' ret to a calculated point, from which a TXDOT Type 11 concrete monument found bean North 56 degrees 12 m* East 0.98 feet; and Inutes 53 seconds 5) South 33 degrees 47 minutes 07 second's East 52-47 feet to a calculated pointnt the east corner of this tract, said Lot 1, Block I. and said Satn's tract,' saalc being in the north ifile of the Dallas Area Rapid TY811sit I'MpertY Acquisition Corporation ROW, of record in Volume 10146, Page 640, Deed Records, Tarrant County, Texas; 6) TTIENCE. With the south line Of this tract:, said Lot 1, Block 1, and said Sam's tract and the north line Of said Dallas Arca Rapid Transit Property, South 80, degrees 0o minutes IS ,c West 22-33 feet to a T;xDOT Type 11 concrete inantanent set at the southwest .,,,ds corner of this tract and the beginning Of this "access denial line". same being in Ole proposed southwest OW linc of SH 114; pose so thwe t R THENCE, with the southwest ffiie of this 'tract alld the Proposed southwest ROW line of SH crossing said Lot 1, Block I and said Sam's tract the114, 11; fbilowing five (5) courses, numbered 7.throu8jj 7) with this "access denial -line" with a curve to'the rj&h4 xjlose intersection angle is 34 degrees 51 minutes 23 recons, radius is 137.00 feet, passing at an arc distance of 67.93 feet a 1/2 inch iron rod set with a TxDOT al Um-nuftl cap Stamped "ADL', for the end of this "access denial line", cOnti]Duijlg an are dima0ce, of 15.73 feet for a total arc distance of 83-66 (tet, the chord of which bears North 51 degrees US is stan 00 82.37 feet to es 08 Secouds West %4 a TXDOT TYPe If concrete monument set, County: Tarrant Parcel: 23 Page 3 of 7 Highway. 31-1114 March 3, 2010 Limits: From SS I 14L in Grapevine to Dallas County Line Federal Aid Project No.: NH 20119 WS043 11C .W. CSJ: 0353-03-088 4�? 8) North 33 degrees 38 tri butes 30 seconds West Passing at 21.45 feet a 1/2 inch iroll rod set vzitli a TxDOT ajuminwncap stamped "ADVI'for the begirming of this "access denial line", continuing 33830 feet, with this "access denial line% to a 112. inch iron rod set will,a TxDOT aluminum cap stamped ,ADU, for the, end of this "'access denial line." continuing 49.47 feet to a 1/2 inch b'on rod set with a TxDOT aluminum cap starnped "ADL" for _ajV__b&g access denial line', fora total distance of 460.53 feet to a TXDOT Type TI concrete monunlelit sot; 9) with this "access denial line, with a curve to t1le right, whose , illtersection angle is 48 degrees: 49 Minutes 56secorids, radius i.5 122,00 feet, aa arc distance of 103.98 feet, the chord Of which bears North 09 degrees 13 rainutes 29 seconds West 100.86 feet to a TxDOT I�gp�e 10) with this "access denial line-, with a curve to The lcfi, whose intersection angle is 48 degrees So minutes 13 seconds, radius is 79.00 feet, an are distance of 66.48 feet the chord of which bears Nortil 09 degrees 13 ruin aces 29 seconds West 64.49 feet to a TDlOT Type 11 concrete inonurnent set; and County: Taiyant Parceh 2.3 Page 4 of 7 Highway: SH 114 March 3, 2010 L'mfts: From BS 114L in Grapevine to Dallas County Line Federal Aid Project No..' NR 2009 R -0-W, csi.- 0363-03-088 DESMPTrON FOR PARCEL 23 1) with this -access denial line, NDrlh 33 degrm 38 minutes -30 seconds W, Passing at 45.96 feet, a 1/2 inch iron rod set with a TXDOT aturninurn cap clamped "ADL' for the end of this access denial fine, continuing 53.37 feet to a TXDor aiuminun, cap beginning stamped "ADL" for the begi 112 inch iron rod set with a Of this "access denial line'; continuing 17.17 feet, witf, this "access denial line" for a total distance of 116.50 feet the end of this -acr ,ess denial L _ 0 Ibo square eet _P j5r*-GINNTNG�and-e to TJN-UUefeet;� �tthffi these jjj��j4�s-an-d 'bounds, more or less. ontaining.- This desarilp6on accompanies a parcel map of even date herewitil. All beatings are based oil t1le Texas State Plane Coordinate System, North Central Zone, NADS.3(96) CORS. All distances and coordinates were adjusted to s factor of 1.00o)2, - surface using a combined scale IS DEXMD 7-() AND FROi\4 THE TRANSPORTAHON FACILITY ACROSS THE "ACCBSS DE -NUL LINE'. STATC, OFTEXAS § COUNTY Ori TRAVIg KNOW ALL MEN BY THEsF_ pRESEN A That L Chris Conrad, a Registered Pr'of'essional Land Surveyor, do hereby certify that t1le above description is true and correct to tl)e best of my kno nined by a survey made wledge and belief and that the prop" described hereiti was deteri supeivision. . 01, the ground under my direction and WITNESS My HAND AND SEAL at Austin, Travis County, Texas, this the 3rd' day Of March, 2010 A.D. SURVEYEI) By. UcGRAY & FS URV,yo,RS,INC.3301 A�sAI'�I� liallCock Drivi- Suitc , Tavas 78731 (512) 45-9591 chniscon'rad'Reg. ProfessionalLan-d SurveyorNo. 5623 201 111SH I 14/1'sMel 23 R—) Issued 112VI0!* Rovised 313110 PAGE 5 OF 7 to 200 103/03/10 SCALE! 1 200' PLAT TO ACCOMPANY PARCEL DESCRIPTION - t I A vm CLm 24WSPANM Nc, %L VOL 1166M va laag LOT I D-Ft,'T.C. aLoeg I (z ga, AC VAM CLEVIE ADOMIN A. SL 2237, P R Ta: aucoi mw9yRtmlsLzc 02073e9284. OR T tOT 2R a L (LOT 2p) A 4f- (14144 ACP OU RO NO. I ADOMON CMA. SL efC9., PALM -rA 14MIE PW&tTxs. 3 C4 VOL 16M Pa 302 LOT 3 A VOL 1651J. PG eiacK (1.7205 Ar-) T� ACT 13) X ....... . . LOT 1 AND 2, Bt-D� COS. A- SL Z= LOT I PRT:G. WT a ls� PO, rx Up to x scr W D205214497, O-R,TIZ-- BLOCK AAS A A (4tm AC) --I r-(4-1673 AC,)-vaL R -T t 114 L,—(S5q-W2" 842Z STA &W 9 r R a L?-, 10, Y;pTm germ ml Cf P� c "m 5f A—:- 23' SEE 40,372 SQ. FT.!:;) DETAIL A i1 p LOT I- BLOCK I 411 V1, LOT I AND LOT Z BLOCK i 7- WAL-WART ADO M, W - AJMDlM CAD. A. 5L 9445 P R Tit ZZ 0 CITY' OF GRAPEVINE BE TAIL 0 M 'etc � LOT 7-A P4.c. C-I�aW.AL, MATE BUSHESS04jw LOT 7-A 19 1 IML 17176. PC. 918, 0 RJ a j r siiii,� s - 67. PA(LOT 1) a- WjYVAt W INDUSTWAL PARR v4X, 3BB-111 PGL COR ASS(jQA-MS JMTlTC. WtlTbi r1 S gle VOL Wac im 5 Di (LOT T -A) vcil- rl SIX U4 pijoC �5 , R I C. sIlkl) 20 . a a U3 ic all 11 -pw- tou taaA Qj or vsh U& d 00 m 41 sf4u7OF lw- -1 . ( y 11 STA -M OF Z33 A hf!\09-124-Faft-Wor';k-rfJnnel-Ptc;iect\Porcglla\PAR-23-REV I A PtAT OF A "B CW PARM, 23 neras TTA ZSCA ATE HIGHWA ST y 0/, rrdnvl:v� CZ MCIAL24Z li R�%W--_C S TYy emixiiii 200- W (1 5 tal TV M hf!\09-124-Faft-Wor';k-rfJnnel-Ptc;iect\Porcglla\PAR-23-REV I so 100 2no PAGE 6 OF 7 lo6,0-3/0-3/10 PLAT TO ACCOMPANY P.O.B. PARCEL DESCRIPTION SH 314 STA. 356+37.05 190,57' At DID iccimcisig Ic DENAL UNE L STA. 3M+5C2ZA4 199.68, NY. cl, 23 WON ACCESS <_*11 DEWAL LINE �p STAWPW LINA TABLE 'AW e LINE BEARING UNGn TA. DETAIL A Ll N69 2a 21 iaStk 357+5Xss 9 94 15-82 STAWD 199." RT. U S2 '02"E 263.45 'AOL' Oil 3 .51 wo 011 TVrE SZ47 .L4 S3 357'E Z26 STA 354+12-22 Ld (ma I _w 22,33 226.65' RT. N331 'W "40�" 40.372 SO, Fr "'A'L DUALL A A STA. 359+64.81 Zba 3$ RT STA 359+ .98 LOT 1. BLOCK I DEMAIL Lm STAMM LOT T ANO LOT 2, BLOCK I AW 11 AL- ADOMON - AMENDED STA J60+05-39 CAB, A. SL 8845 P.R.T.C_2fiFQW RT. 00 A=M DEWAL ME STARVED 'AW (41; SAWS REAL ESTATE BUSINESS TRUST VOL 17176, PG, 96. ORT.C. (LOT 1) % WlDETAIL !1 Mrs. A DVAIL C SEE BASTA 36,344,w 2SXJ6` RT SEOW AUCESS SZ37 'VA6MUNF N ";W64-40 lro. sm n7 WAfL C � r Wass STA 303465,13 260-W Ky. STA_ 3u+$044 267.45' RT, 00 ACCESS MIAL LANE VAUM 'Aw TRANSTT, s" 1141 TA Z41 445.00 SW Rt C000tolo's 0 og Go" LW SH 28 rgo,poff),VDJC L81 zl STA, 4124V30 lwsw LT. A PLAT OF A SURVEY OP PARGEL 23 STATE fimmy )Vag PLAT TO ACCOMPANY PARCEL DESCRIPTION NOTES, . 1) BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NAD83(96) CORS. ALL DISTANCES AND COORDINATES WERE ADJUSTED TO SURFACE -USING A CCIAMNED SCALE FACTOR OF 1.0=2- 2) IMPROVEMENTS SHOWN ARE FROM DIGITAL PHOTOGRAMMETRY FILES ANDIOR THE ADDITIONAL DELINEATION OF IMPROVEMENTS WHICH HAVE BEEN SUILT(OR REMOVED) AFIER THE PHOTOCRAWMETRy WAS DEVELOPED. 3) THE EASEMENTS SI' -I0 M OR U07ED AND ADDRESSED ON THIS SURVEY ARE THOSE LISTED IN SCHEDULE 8 OF THE 1T LE CDMM17UENT ISSUED BY UNIVERSAL LAND TITLE OF NORTH TEXAS, LLC. AND LAWYERS TITLE INSURANCE CORPORATION, GF NO, 0913999-7D4, EFFEG71VE DATE. AUGUST 24. 2009. &OD am, ISSUED SEPTEMeFR 6. 2009. B-00 am. 4) ITEM 10-C, (VOL 3830. PGL 116) IN SCHEDULE 13 DOES NOT AFFECT THIS TRACT; 5 THE ACREAGE CALCULATED A140 SHO MN HEREON IS CONVERTED MOM TW. SQUARE FOOTAGE SHOWN HEREON, AND IS FOR INFORMATIONAL PURPOSES ONLY. 5), ACCESS IS DENIED TO AND FROW T14E TRANSPORTATION FACILITY ACROSS THE "ACCESS OENIAL UNE". T) ALL RECORD STATE OF TEXAS FLIGHT—OF WAY DEEDS SHOWN ARE RECORDED IN THE DEED RECORDS OF TARRANT COUNTY. TEXAS (D-R-T.C,, UNLESS OTHERMSE NOTED. LEGEND a. TXDOT TYPE I CONCRETE. MONVIVENT OUND fE VOOT TYPE 11 CONCRETE MONUMENT FOUND @ r4DOT TYPE 11 CONCRETE MONUMENT SET 0 1/2' IRON ROO SET WITH TXDOT ALUM GAP 0 1/2" IRON ROD FOUND NTH CAP ' 0 1,x+"2" IRON ROD FOUND (UNLESS NOTEDD) 0, SQUARE—HEAD SoLl FOUND 0 IRON PIPE FOUND (SIZE NOTED) 0 FENCE POST 9 CHISEL MARK FOUND A 60D NAIL FOUND (UNLESS NOTED) L\ CALCULATED POINT IE PROPERTY LINE it STATE HIGHWAY 1114 BASELINE W T.& NOT—TO—SCALE (XXX) RECORD INFORMATION P.0 B. POINT OF BEGINNING P'o C. POINT OF COMMENCEMENT R.O.W. RIGHT—OF—WA,Y ESM T EASEMENT P-U,E. PUBLIC UTILITY EASEMENT P-9 TG PLAT RECORDS, TARRANT, COUNTY D.R T,C. DEED RECORDS. TARRANT COUNTY Oa -T -C OFFICIAL RECORDS, TARRANT COUNTY DISTANCE SHOWN NOT TO SCALE APPROXIMATE SURVEY LINE A=SS DENIAL LINE: I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT To, THE BEST' OF' MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN' HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROOND UNDER MYDIRECTION AND SUPERwwow CHRIS CONRAD. REG, PROF. LAND SURVEYOR 0. 56Z3 " DAW SQUARE FEET 1 3 T A.ACOASITWH 40.372 I OARC- ISMURVE11CD WA 7%948 CHRIS Coll 5623 RNANOM AREA! 710�578 E A PLAT OF A SURVEY of PARCEL 23 STATE HIGHWAY 114 om fuly 2010 Parcel 23 CoumtY. Tarrant CSI- 0353-03-088 DFW Connector SH 114: I-Iroto B5 114L in Cyrap C-vffie to Dallas County Line AND w ADD TION THM�ETO The temporary right to enter UPOn the remainder of the herein described parcel for tht -7-s61e'PIWOM`Wf Te-r—nd-,Vfifig---th6-k- vertrsrr signs situatedpa, Upon the herein described parcel and partially upon the re, parcel. nainder of the herein descriartiY bed 16 County: Tarrant P=el: 23 Highway: SH 114 Limits: Fro in. BS 114L in Grapevine to Dallas County Line, Federal Aid Prqject No.: NH 2009 (055)$*j R.O.W. CSJ: 0353-03-088 Page I of 7 March 3, 2010 rL_1 "INd Description of 40,372 square feat of lwjd out of Ambrose Foster Survey, Abstract No. 519, in the City of Grapevine, Tarrant County, Texas, same being a portion of Lot 1, Block 1, of Lot I and Lot 2, Block I Wal-Mart Addition -Ara ended, a subdivision Of record in Cabinet A, Slide 9945, plat Records, Tarrant County, Texas, said Lot I being described in a Wanmty Deed, dated September 4, 2003 to Sam's Real Estate Business Trust, of record in Volume 17176, Page 98, Official Records, Tarr _*d AP�4 �4 3�J 14; me and bounds as follows: at a 1/2 incb irou rod fibund 4A, ..................................... in Volume388-173, PageS7, Plat Records.rarrant County, Texas� said Lot7�A being described in a deed to CBR Associates loijit VentuM of record in Volume 10294, Page 5. Deed Records,, Tan -wit County, Texas; U19i WS.—MMMM I �.�_Xrrr_ NrV CO Tarrant County, Texas, said Lot 1, Block A, being described in a deed to Ess Prisa Texas LP, of record in Pocument Noi. D205214197, Official Records, Tarrant County, Texa,% sanie being in the east line of Lot 5 of Crapevine Inatistrial Park Subdivision, a subdivision Of record in -Volume 398- 140, Page 84, Plat Recorft Tan -ant County, Texas; I 1 0 intm 11! 1: 1) TIENCE, with the north line of this trac4 said Lot 1, Block 1, and said Siun's tract and the South line of'said Lot 1, Block A and said 8ss Pris3 tract, North 89 degree 09 minutes 49 seconds East 29.58 &a to a U2 inch iron rod found with cap at the northeast comer of tUs tract, said Lot 1, Block 1, and said Sam's tract and the southeast comer of said Lot 1, Block A and said ESS Prisa. tract, smue being in the existing West ROW line of SH 114 and the west line, of that tract described as 11.467 acres in a deed to State of Texas, of record in Vol=e 3830, Page 116, Deed Recqfds, Tarrant County, Teas, and the north corner of that tract described as 0.543 of one acre in a deed to Sta -Texas--af m-nni in lume 6M, Page 1780, Deed Records, Tarrant County, Texas; EXHIBIT r U 0100 200 11111, =PACES mr- 7 SCAUi III = 2=0 03/m/to PLAT TO ACCOMPANY PARCEL DESCRIPTION MEW piw-STMEM foc, VOL I fom Pa. logo LOT I V, L t0lyc. BLOCK I (Z5a A%8VAN MW ADMT" A. SL. 2237. P 2 TV 0207309284. OR Y L L (LOT 2R) at A (1-41 1 A Dim A�a QUANNO. i CAB. A. SL 3419, P.PLXC. HA iz PRQMTX$. F.L.C. VOL 16613, Ra .102 LOT 3 0 VOL 16M PC W3 BLOCK A (1.7205 It"A LOT I ABD 2. BKLOCXX Kii 6 Pit& T'g JAB. & $L Z3m rwr4mA LOT I to x tir sliw Sim 4197. O.R.T Q (41678 AC — CLQ(X A — VIESC! AS 'MAC) A r—(4-1678 AC.)—YM 1, 2 M 229 ON'tc "W%VO'EMA".l J: 0, nmiii" 45 p IN 7 CN` *A AjtWdUPATC AIM It VP SQ. FT !::5 p LOT F. BOCK t 40= Am LaT OCK I WALI 7- a[ Aa AUMED C 1-1 VX U V, TIN V6 A CITY OF GRAPEVINE ir sm q� LOT 7-A "'AT rl; 30 VI it ana PR TIC LOT I -A C, SW 5 RM WATE Busan, IR= WJPEW4E INDUSTMAL PAmc VOL 17176. PC, $8. ORI Um. 3ft-171 Pa 07. P-Rm (Lor 1) 4 vw "T CER AW(;0ATC5,1*MTWI N cSol XsW VOL 101". Pr. a 0111mc. 4 tI 0OEM 's -MALI 0 (LOT T -A) I$ two pr. 2v AVFWJ� 1NGL SPAWN j;"jt1C 20' Lev! kul Va. law to cstj 26. SrhtE OF 1SWnA WIENS- Uw N- 0.31 I,\ A PLAT OF A SURM OF PARCEL 23 DIMON 23 CEL --'-Zmk Tem TTA STAPAR TE HIGHWAY 114 DWj&" 1 SCALE -'r of Tr&*www F09M AW f'Ra= mm CWNTY PACE 7 OF 7 F IN I DESCRIPTION NOTES- . NJ 1) BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, moRTff CENTRAL ZONE NAD g6) CORS_ ALL DISTANCES AND, COORDINATES WERE ADJVSTED To SURFACE -USING A COUBINED SCALE FACTOR OF 1,0=2 83( 2) IMfPROVEMEN7S SHOWN ARE FROM DIGITAL PHOTOGRAMMETRY FILES ANDIOR THE ADDMONAL OEUNEATION OF tUPROVEMENTs, WHICH HAVE BEEN BUILT (OR REMOVED) AFTER INE PHOTOCRAMuETRy WAS DEVaOpED, 3) THE EASEMENTS: SHDWN OR NOTED AND ADDRESSED ON THIS SURVEY ARE THOSE USIM IN SCHEDULE 9 OFTHE TME COMMITMENT ISSUED By UNIVERSAL LAND TITLE OF Kom TEXAS. LLQ AND LAWYERS 117LE INSURANCE CORPORATION, GF NO. 0913"9-71)4, EFFECTIVE DATE. AUGUST 24. 2000. &00 Om. ISSUED SEPTMeFR S. zwg, 0.Oo 44 ITEM 1D.c. (VOL 3830. Pr. 116) IN SCMULE 8 DOES NOT AFFECT THIS TRACT. 5 THE AMEAGE CALCULATED AND SHOWN HEREON IS CONVERTED FROM TW SQUARE FOOTA INFORMAMONAL PURPOSES ONLY. OU GE SHOM HEREON, AND IS FOR 6) ACCESS IS bENjED TO AND FROM THE TRANSPORTA71ON FACILITY ACROSS THE 'ACCESS DENIAL LINE". 7) ALL RECORD STATE OF TEXAS MGHT-OF-WAY DEEDSCORDED IN THE WED RECORDS OF TARR TE)CAS OR-T.C,). 'UNLESS oTHERwjsE NOTED. S"OWN ARE REANT COWTY, I HEREBY CER71FY THAT THIS PLAT IS TRUE AND CORMT To lie BEST OF MY KNOWUDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER My EXRECTION AND SJI"VISION, 03/b3/10 - CHRIS CONRAD. REG. PROF. LAND SLI ORNO.- DATE. A A PLAT OF A SURVEY OF PLAT SURVEY OF PARCEL 23 ETTA STATE HIGHWAY 114 PAR 23 SOALE OWMM AO PXQECt = ft -003.1 -C, s J. No. ullmo '.. A 1 - REV i LEGEND TXDOT TYPE I CONCRETE MONUMENT FOUND IN TXOOT TYPE 0 CONCRETE MMUMENT FOUND us TxDOT TYPE If CONCRETE MONUMENT SET 0 1/2" IRON ROD SET WITH T7C00T ALUM CAP 1/20 IRON ROO FOUND MTN CAP 1/2" IRON ROD FOUND (UNLESS NOTED) SQUARE -HEAD SOLT FOUND 0 IRON PIPE FOUND (SIZE NOTED) FENCE POST CHISEL MARK FOUND 60D NAIL FOUND (UNLESS NOTED') c4ALCULATEG POINT It PROPERTY LINE 0- STATE HIGHWAY 114 BASELINE N. T -S NOT -TO -SCALE (XXX) RECORD INFORMATION P-0 B. POINT OF aEaNNNG P.0 C. POINT OF COMMENCEMENT R-D.W. RIGHT-OF-WAY ES T'- EASEMENT P -0-E. PUBLIC U170TY EASEMENT PRTc PLAT RECORDS, TARRANT. COUNTY D -R tC, DEED RECORDS. TARRANT COUNTY 08.7.0 OFFICIAL RECORDS, TARRANT COUNTY DISTANCE SHOWN NOT TO SCALE APPROMMATE SURVEY LINE ACAS DENIAL LINE I HEREBY CER71FY THAT THIS PLAT IS TRUE AND CORMT To lie BEST OF MY KNOWUDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER My EXRECTION AND SJI"VISION, 03/b3/10 - CHRIS CONRAD. REG. PROF. LAND SLI ORNO.- DATE. A A PLAT OF A SURVEY OF PLAT SURVEY OF PARCEL 23 ETTA STATE HIGHWAY 114 PAR 23 SOALE OWMM AO PXQECt = ft -003.1 -C, s J. No. ullmo '.. A 1 - REV i MY2010 Paxtel 23 County. Tarrant CSJ: 0353-03-089 DFW Connector' SH 114: From BS I I 4L in Grapevine to Dallas County Line AND IN ADDITION THMZETO The terry nary right to enter upon the r=ain&r of ffic herein dere bed parcel for the 010t- " lvm-tishig sites sit aai6d. paiti"y upon the herein described parcel and paxtially upon the remainder of the herein described parcel. �r 1� Y a � an kn ju I red r. i . ,"'. 0 1 , iLr J(9i ,i� From: Sefin Brooks < To: BURBACH, ED; Sent: Thu Oct 14 12:41.17 20101 Subject�: RE: State of Texas: TxDOT: and Stacey Tripp, L.L.C. 2 billboards in, Tarrant County Ed, I wanted to give you an update on what is happening in this matter. I have spoke with Richard Rothfelder (CBS, attorney) and Katherine Killingsworth (Clear Channel). Clear Channel will not show up at the hearing and will move directly to file objections. CBS also will most likely not show and willl do the same, if needed. The, CBS sign, as you know, has an overhang issue. Txdot is not the problem here, we are happy with the sign going t( a flag mount so long as it is out of the ROW. The issue is with the City of Grapevine. Richard is going to take the lead in setting a meeting with the city to get them to change their stance. We are shooting for the week of the 25th, on Monday or Tuesday if possible. Myself and Keith Sliger with Txdot will be at this meeting and would like you to attend as well. Our, hopes are to get the city to amend it's position and allow the sign to be modified. I will keep you advised as I know more. Thank you. Sel in P.S.- Clear Channel will not be at this meeting, the issues are different and we do not want the waters to get muddy. CAUSE NO. 10-85470-2 THE STATE OF TEXAS § CONDEMNATION PROCEEDING § FILED vs. § IN THE COUNTY COURT AT LAW § NO. 2 SAM'S REAL ESTATE BUSINESS § TRUST, A DELAWARE § STATUTORY TRUST, ET AL. § OF TA COUNTY, TEXAS (Exhibit 7) STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Richard Rothfelder, known to me to be a credible person, competent in all respects to make this affidavit, and who, after being by me sworn upon oath, stated: "I am Richard Rothfelder. I am over 21 years of age, of sound mind, and otherwise capable of making this affidavit. I have personal knowledge of the facts stated in this affidavit, and they are true and correct. I am an attorney with Rothfelder & Falick, L.L.P., and currently represent CBS Outdoor, Inc. ("CBS") in the above -captioned matter. My personal knowledge is derived from my responsibility and involvement in the handling of this lawsuit. "The Texas Department of Transportation ("TxDOT") is conducting improvements and widening to SH 114 ("Project") in the vicinity of the City of Grapevine, Texas ("Grapevine"). As a result of the Project, TxDOT determined it is necessary to acquire by eminent domain fee title in certain land and improvements adjacent to SH 114 owned by Sam's Real Estate Business Trust, a Delaware Statutory Trust ("Property"). "As a result, on September 24, 2010, the Texas Attorney General's Office filed a Petition for Condemnation on behalf of The State of Texas ("State"), acting by and through the Texas Transportation Commission, seeking the condemnation of the real property and interests or rights pertaining thereto, with respect to the owners of said land, Sam's Real Estate Business Trust, a Delaware Statutory Trust. "Additionally, the State's Petition for Condemnation sought to acquire by condemnation an outdoor advertising structure ("Sign") owned and operated by CBS. 1 "The Sign pole is not located on the portion of the Property the State is acquiring. However, after the land is taken, the Sign face will overhang the easement by a few feet. As a result of the overhang, either the State must acquire the entire Sign structure, or CBS must conduct maintenance to the Sign so that the face no longer encroaches on the casement. "CBS and the State have worked in cooperation with one another in an effort to resolve this case in a manner that will have little or no effect on the residents of Grapevine, and in a manner that will save the State hundreds of thousands of dollars in acquisition costs. "While representing CBS in this case, I have had the opportunity to work with the attorney representing the State of Texas, Sejin Brooks. Mr. Brooks and I have communicated on many occasions via telephone and email. Mr. Brooks has indicated TxDOT supports CBS's proposal to 'shift" the face of its Sign four feet in the opposite direction of the easement by removing a 4' panel from one end of the Sign and reattaching it to the other end of the Sign. If the 'shift' does not occur, the condemnation case will proceed. "Mr. Brooks has indicated TxDOT's belief that CBS's proposal to 'shift' the Sign face by 4' is the most responsible and effective means of resolving this condemnation proceeding, and saving taxpayers acquisition costs. "A 'shift' such as that proposed by CBS would be allowed under TxDOT's regulations found at 43 Tex, Adm, Code § 21,160(f)(1), which states, '(a)n existing permit may be amended by the district office—to authorize .. a monopole sign face overhanging the proposed right of way to be shifted to the remainder...' "Mr, Brooks has also indicated TxDOT's willingness to waive the requirement regarding the 5' setback. "The emails attached to any correspondence dated March 8, 2011 and marked as Exhibits 6 and 18 are true and correct copies of cmffijs re I received from Scjin Brooks with the Attorney General's Office, ,'Fur-ther affiant sayeth not." —Ri A—ard-066thfe I der SUBSCRIBED AND' 'SWORN TO BEFORE ME on this the day of March, 2011. Notary in, nd- o the State of Texas MARY ANN ROCH N,)tH,y Public, State of TexaS 'MY Commission Expros 00tobet 1 4, 2012 43 TX ADC § 21.160, 43 TAC § 21.160 Tex. Admin. Code tit. 43, § 21.160 https.-//web2.westlaw.com/resWt/docwnenttext.asp)Clsv=Split&se Texas Administrative Code Currentness Title 43. Transportation Part 1. Texas Department of Transportation Chapter 21. Right of Way Subchapter I. Regulation of Signs Along Interstate and Primary Highways 20§ 21.160. Relocation (a) Purpose. This section provides for the relocation of certain signs along regulated highways within the state of Texas that would otherwise be precluded under this subchapter. All requirements under this subchapter are to be complied with to the extent that they are not in conflict with the provisions of this section. (b) Permit. When sign within the proposed highway right of way is to be relocated to accommodate a regulated highway project, the department may issue a permit under the conditions set forth in subsections (c) and (d) of this section. (c) Requirements. (1) A new sign permit application shall be, submitted but will not require payment of a permit fee. (2) Sign relocation shall be in accordance with all local codes, ordinances, and applicable laws. (3) The executive director shall initially determine whether the permit is necessary to avoid excessive project costs and/or a delay in the completion of the project. (4) The existing sign to be relocated must be an off -premise sign legally erected and maintained. (5) The sign must be situated after its relocation according to the following priority: (A) upon the remainder of the same tract or parcel of land upon which it was situated before its relocation, if any; (B) if there is no remainder or if the remainder is not of sufficient size or suitable configuration for the relocation of the sign, then upon the property abutting the proposed highway right of way at the original sign location or upon property abutting the insufficient remainder, if available; (C) on property adjacent to the locations named in subparagraphs (A) or (B) of this paragraph; (D) to another location within 50 miles, of the original sign location, within the same department -designated district; or (E) to another location within 50 miles of the original sign location, within another district of the department, with the approval of the executive director. (6) If possible, the sign is to be placed in the same relative position as to line of sight. (7) The relocated sign must be within a zoned commercial or industrial area or an unzoned commercial or industrial area, except that an unzoned commercial or industrial area may include >( x only one recognized commercial or !industrial activity. LU uj (8) The relocated sign location must meet the following spacing criteria. Ew (A) The sign may not be placed where it is likely to cause a driver to be unduly distracted in any way or where it will obscure or otherwise interfere with, the effectiveness of an official traffic 1 nf 1 3/4/2011 103 4.5 1 A AL.&, � 2, 1. I OV sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic, whether the intersection be of two or more highways or the intersection ,of a highway with a railroad., (B) The sign may not be placed within 500 feet of a public park that is adjacent to a regulated highway. This prohibition shalll apply: (i) on either side of the highway on, a nonfreeway primary system; and (11) on the side of the highway adjacent to the public park on an interstate or freeway primary system. (C) If the, sign is to be placed outside an incorporated municipality along a regulated highway, the sign may not be located in areas adjacent to or within 500 feet of: (i), interchanges, intersections at grade and rest areas; or (ii) ramps, their acceleration and deceleration lanes (Such distances shall be measured along the highway from the nearest point of beginning or ending of pavement widening at the exit from, or entrance to, the main-traveied way.) i(D) The sign may not be erected along the interstate and freeway primary systems closer than 500 feet apart on the same side of the highway. (E) The sign may not be erected along the nonfreeway primary system located outside of municipalities closer than 300 feet apart on, the same side of the highway. (F) The sign, may riot be erected along the nonfreeway primary system in municipalities Closer than 100 feet apart on the same side of the highway. (G) The sign may not be :erected within fi�ve feet of any highway right of way line, ,(9) The, size, configuration, and construction of the relocated sign must conform to the following proviisions. (A) The maximum area for any one sign face shall be 1,2010 square feet, with a maximum height of 25 feet and a maximum length, of 60 feet., (B) The maximum size limitations shall apply to each sign face visible to approaching traffic. (C) The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign. (D) Sign faces may be placed back-to-back, side-by-side, stacked, or in "V" type coinstruction with not more than two displays to each facing. The sign structure and faces shall be considered one sign., (E) A sign face that exceeds 350 square feet in area may not be stacked or placed side-by-side. (F) In no event shallf the size of the !sign face, the number of sign faces, or lighting, if any, of the relocated sign exceed the size, number of faces, or lighting, if any, of the existing sign. (GI) The relocated �sigin will be constru�cted with the same number of poles and of the sairne type of materials as the existing sign. (H) The relocated sign must not exceed the maximum height set forth in § 21.158 of this title (relating to Height Restrictions). (10) Except in accordance with subsection (g) of this section, the sign replacement site is to be approved by the executive director prior to the removal of the existing sign. 2 of 3 3/4/2011 10:34 14-) IA ALA- 9 2 1 -IOU llttpS://Web2.westlaw.convresuivaoctffnenttext.asp)(!sv--z5plit&s( (11) Relocation benefits will be paid in accordance with Subchapter G of this chapter. (12) The spacing requirements as provided in paragraph (8) of this subsection do not apply to: (A) signs separated by buildings, natural surroundings, or other obstructions which cause only one sign located within the specified spacing to be visible at any one time; and (B) on -premise or directional or official signs, as cited in Transportation Code, § 391.031(b.1, nor shall measurements be made from these signs. (d) Cessation of activities. When a commercial or industrial activity ceases and a sign other than an exempt sign is no longer located within 800 feet of at least one recognized commercial or industrial activity located on the same side of the highway, the sign will be considered nonconforming. (e) Waiver of damages. The sign owner must enter into a written agreement with the acquiring agency waiving and releasing any claim for damages against the acquiring agency and the state for any temporary or permanent taking of the sign in consideration of the payment by the acquiring agency of relocation benefits paid in accordance with Subchapter G of this chapter. (f) Bisection. An existing permit may be amended by the department to authorize: (1) a monopole sign face overhanging the proposed right of way to be shifted to the remainder; (2) a multipole structure located partially in the proposed right of way to have the poles in the right of way moved to the remainder and the face shifted to the relocated poles; or (3) the sign to be bisected and the face size reduced. (g) Relocation within a certified city. If a displaced sign is subject to the jurisdiction of a imunicipality certified to control outdoor advertising pursuant to § 21,151 of this title (rel'ating to Local Control), and the sign will be relocated within that municipality, permission to relocate the sign, must be obtained only from the certified' municipality, in accordance with the municipality's sign and' zoning ordinances. A permit from the municipality will be required in order to receive relocation benefits from the department. A separate permit from the department is not required and the specific requirements for a relocation permit contained in subsection (c) of this section need not be met. Source: The provisions of this §21.160 adopted to be effective February 22, 1989, 14 TexReg 794; amended to be effective January 12, 1996, 21 TexReg 137; amended to be effective May 23, 1999, 24 TexReg 3733; amended to be effective December 9, 2004, 29 TexReg 11389; amended to be effective March 1, 2009, 34 TexReg 1108. 43 TAC § 21.160, 43 TX ADC § 21.160 Current through February 28, 2011 Copr. (C) 2011. All rights reserved. END OF DOCUMENT (C) 2011 Thomson Reuters. No Oalm to orig. U.S. Govt. Works, 3 of 3 3/4/2011 10:3 ROTHFE,LDER & FALICK9 L.L.P. Attorneys At Law FicHARD L. RoTBFELDER rrothfelder@swbell.net BOARD CERTIFrED - CrviL TRS LAW Mr. William D. Tate Mayor The City of Grapevine 200 S. Main P.O. Box 95104 Grapevine, TX 76099 Mr. Matthew Boyle City Attorney 200 S. Main P.O. Box'95104 Grapevine, TX 76099 City Manager • &q'jzTif& 200 S. Main P.O. Box 95104 Grapevine, TX 7609i9 Mr. Scott Williams Director of Development Services The City of Grapevine 200 S. Main P.O. Box 95104 Grapevine, TX 76099 1201 LmusLwA SurrE 550 HOUSTON, TExAs 7'7002 October 25, 2010 TELEPHONE: 713-220-228 FACSIMILE: 713-658,-821 WWWAOTEFELDERFALIMM Re: Cause No. 10-85470-2; The State of Texas V. Sam's Real Estate Business Trust, a Delaware Statutory Trust, et al, In Tarrant County Court at Law No. 2 in Tarrant County, Texas; Our File No. 1030-233. October 25, 2010 Page 2 Dear Messrs. Tate, Boyle, Rumbelow, and Williams: The Texas Department of Transportation ("TxDOT") is conducting improvements and widening to SH 114 ("Project") in the vicinity of the City of Grapevine, Texas ("Grapevine"). As a result of the Project, TxDOT has determined it is necessary to acquire by eminent domain fee title in certain land and improvements adjacent to SH 114. The State of Texas ("State") has therefore filed the above -captioned Petition for Condemnation to acquire property including a portion of Stacey -Trip, LLC's (Stacey -Trip") real property, as described in Exhibit A attached to this letter ("Property"). Additionally, the State seeks to acquire by condemnation an outdoor advertising structure ("Sign") owned and operated by CBS Outdoor, Inc. ("CBS") pursuant to Lease Agreement ("Lease") with Stacey -Trip. Stacey -Trip is represented by Ed Burbach and Jim Scott of Gardere Wynee Sewell, L.L.P. Our firm represents CBS. This letter is written on behalf of Stacey -Trip, and CBS. The Sign pole is not located on the portion of the Property the State is acquiring. However, after the land is taken, the Sign face will overhang the casement by a few feet. Exhibit B to this letter shows the Sign, and two arrows indicate the new location of the easement after the taking, as well as the portion of the Sign that will ultimately overhang the easement. As a result of the overhang, the State must either acquire the entire Sign structure, or CBS must conduct maintenance to the Sign so that the face no longer encroaches on the casement. CBS and Stacey -Trip do not believe that approval of the City Grapevine is necessary to conduct such maintenance. However, should the City of Grapevine believe that approval is necessary, Stacey - Trip and CBS jointly request that Grapevine grant CBS leave or a special permit, if necessary, to conduct the maintenance. The State supports this request and recognizes that the jurisdiction to grant this request is with the City of Grapevine not the State. The proposed works is permitted under TxDOT's regulations as set forth in 43 Tex. Adm. Code 21.160, the purpose of which is to provide for the relocation of certain signs along regulated highways within Texas that would otherwise be precluded. More specifically, Section 21.160(f)(1), "Bisection", states as follows: "An existing permit may be amended by the district office. ..to authorize... a monopole sign face overhanging the proposed right of way to be shifted to the remainder..." Our review of the Grapevine sign regulations failed to reveal a provision similar to 43 Tex. Adm. Code 21.160, and it is our understanding that Grapevine's current regulations prohibit the construction, erection, remodeling, alteration, relocation, or expansion of a sign unless a zoning permit has been obtained in accordance, with Section 60 of the Zoning Ordinance. Furthermore, we understand that Grapevine asserts new outdoor advertising structures such as CBS's Sign are not permitted in Grapevine, as this type of sign is not included within the classification of signs Grapevine allows. October 25, 2010 Page 3 We note, however, that Section 60.0.11. provides that a ",sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other material on the sign," A sign or substantial part of it is considered to have been destroyed "only if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location." Section 43 of the Zoning Ordinance addresses nonconforming uses and structures, and contains a similar 60% test in 43.D.3.e., which states, "(w)henevera structure, in which a nonconforming use is housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of more than sixty (60) percent of the replacement cost of the Structure, on the date of the damage, the right to operate such nonconforming use shall terminate." While we acknowledge that the Sign has not been damaged, destroyed, or dismantled, the provision appears to be the closest and most analogous to the situation involving CBS's Sign. As the cost to shift the Sign face a few feet is well below 60% of the cost of the Sign, it appears this minor alteration should be allowed by Grapevine, whether it is referred to as a "repair" or an "alteration". The State's acquisition of the portion of the casement underneath the Sign face does not render the structure nonconforming. Section 43.1.2. of the Zoning Ordinance provides that, in the event a right-of-way acquisition by a government agency causes a property or its existing improvements to be in violation of a City zoning ordinance or other land use regulation or ordinance, the property shall be exempt from the provision to the extent the violation is caused by the right-of-way acquisition. CBS and Stacey -Trip have worked in cooperation with the State in an effort to resolve this matter while having little or no effect on the residents of Grapevine and its taxpaying citizens. Our proposed resolution involving a slight shift of the Sign face will have zero negative impact on the Grapevine community --the Sign will not be enlarged or changed in any way other than the face moving a few feet away from the right-of-way. If the alteration does not occur, the condemnation case will proceed. The Sign is under a 90 year lease and generates, approximately $250,000 in revenue per year, and CBS will likely seek compensation for the fair market value of the Sign in an amount of at least $1 million. Additionally, Stacey -Trip will likely seek compensation for the loss of its property rights in an amount in excess of $1,000,000. We believe our proposal is the most responsible and effective means of resolving this condemnation proceeding and saving the taxpayers millions of dollars in acquisition costs. In conclusion, we believe no permit is required for this minor change that falls well within the 60% test contained in the zoning ordinance. Further, we maintain this minor maintenance should be allowed since it is the result of a governmental taking. In the alternative, a variance should be granted to allow CBS to conduct this slight maintenance to the Sign. The undersigned, counsel for CBS and Stacey -Trip, along with our respective clients, propose a meeting with you and/or the other appropriate decision makers of Grapevine in order to further discuss this matter. The State, as, a show of support of this request, also wishes to be present with its counsel, Sejin C. Brooks, Assistant Attorney General, and client representative, Keith Sliger with TxDOT. Should you desire to discuss this matter directly with Mr. Brooks, his October 25, 2010 Page 4 phone number is 512-463-2004. We would like to meet with you as soon as possible, hopefully over the next month, pending conflicts we or out clients may have. We look forward to hearing from you in the near future to schedule KOTHFELDER & PALICK, L.L.F. 1201 Louisiana, Suite 550 Houston, TX 77002 (713) 220-2288 Telephone (713) 6,58-8211 Facsimile ATTORNEY FOR CBS OUTDOOR, INC. Edward D. Burbach GARDERE WYNNE SEWELL LLP 600 Congress Avenue, Suite 3000 Austin, TX 78701 (512) 542-7070 (direct) (512) 542-7270 (fax) 1,0ames C. Scott State Bar No. 3000 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 (214) 999-4598 (direct) (214) 999-3598 (fax) ATTORNEYS FOR STACEY -TRIP, L.L.C. October 25, 2010 Page 5 RLR/rnr Enclosure cc: Sejin C. Brooks Via Email Assistant Attorney General Keith Sliger Via Email Texas Department of Transportation Ed Burbach Via Email Jim Scott Via Email JouN F. Boyi-E, JR. ATTORNEYS AND COUNSELORS L. STANTON LOWRY 4201 WINGREN, SUITE 108 MATTHEW C. G. BOYLE IRVING, TEXAS 75062-2763 DOUGLAS H. CONNER, III N4jcHAFL K. DALLAS wymboyle-lowry.com CATHY CUNNINGHAM LISA H. TOMASELLI* JENNiFER GAITHER* HOLLY Fox-" JILL LowRY,1 *OF COUNSEL Vio Fax (713)658 -cell and First Class Mail Mr. Richard L. Rothfelder, Rothfelder & Falick, L.L.P. 1201 Louisiana, Suite 550 Houston, Texas 77002 Re: Cause No. 10-954720-2 (Your File No. 1030-233) Dear Mr. Rothfelder, (972) 650-7100 Fax: (972)650-7] Of Writer's Direct Line� (972) 650-7104 E-mail:mcgboyl e@bcyle-1 owry. corr. We represent the City of Grapevine as its City Attorney. In that capacity, we have been provided your correspondence regarding the sign(s) owned or leased by your client(s). As your letter acknowledges, the sign is currently nonconforming Linder the applicable City codes. Accordingly, the sign cannot be moved, altered, or adjusted under the cur -rent conditions. Therefore, be advised that the City cannot approve your request. Thank you, for your attention to this matter, Sincerely, BOYLE & LOWRY, L.L.P. )Matthew C, G. Boyle Assistant City Attorney Cc: Bruno Rumbelow, City Manager Tommy Hardy, Assistant City Manager 0 R. Colan A S S 0 C I A T E S P, E E� TAT E C. A ki P January 7, 2011 Tarrant County 8H 114 CSJ 0353-03-088 Parcel 23.001,TS Re: State of Texas v, Sam's Real Estate Business Trust, a Delaware Statutory Trust, et al, Cause Number 10-85470-2, Tarrant County Court at Law No. 2 Cert MaU4: 7009 2820 0,0012468 O�874 CBS Outdoor C/o Tanya Lillie 11233 North Sternmons Freeway Dallas, TX 75229-4548 Dear Mr. Roffelder- Cert M04-. 7009 2820 00012468 0881 Rothfelder & Falick, LLP C/O Richard L. Rothfelder, Esq. 1201 Louisiana, Ste 550 Houston, TX 77002 By our letter dated December 1, 2010, you were advised that the above identified property had been. acquired by the State, at which time you were given a specific vacating date of January 7, 2011 in which to remove personal property from the State acquired right of way. This is notice to you and your clients that the State will enter the property and remove the personal property and place it in a facility should your clients not remove the same by the close of business day February 1, 2011. If you have any questions or need additional information, please contact me at (817) 416-0819. UNIMM EXHIBIT Sincerely, Steve Evans, SR/WA Right of Way Project Manager -7 ?')(,o Pnnl RonA 300- Gratlevinc. Texas 76051 - Phone 817-4 1 O -(.)R 10 St -410-1)857 [in, com Fab 22 11 09:47a DEVELOPMENT SERVICES 8174103018 p.2 February 22, 2011 Mr. Richard L. Rothfelder, Rothfelder & Falick:, L.L,,'P. 1201 Louisiana, Suite 550 Houston,'Texas 77002 Re: Illegal alteration of off -premise sign Mr. Rothfelder, It has come to our attention that your client's sign located on the Sam's Club property located at 1701 W State Hwy 114 has been illegally modified. Section 60 X of the Grapevine Comprehensive Zoning Ordinance states, "no sign, except for signs listed in Sec. 60, shall be painted, constructed, erected, remodeled, relocated, or expanded until a zoning permit for such sign has been obtained...". No such permit was issued for this sign. You were previously advised in writing on December 8, 2010, that the sign could not be legally moved, altered, or adjusted. Furthermore, Section 43 D. 2. of the Grapevine Comprehensive Zoning Ordinance prohibits the remodeling of a nonconforming use, and Sec 43.D.3.b. of the same ordinance states that "the violation of any of the provisions of this ordinance or violation of any ordinance of the City of Grapevine with respect to a nonconforming use shall terminate immediately the right to operate such nonconforming use. The modification of this nonconforming sign without a permit is a clear violation of City Ordinance, and as such immediately terminated any legal nonconforming status the sign might have enjoyed. Therefore, the sign is now an illegal sign which must be removed. Your client is hereby ordered to remove this illegal sign structure from the property within 30 days of receipt of this, certified letter.Failure to do so will result in legal action by the City, including but not limited to the issuance of citations. Thank you for your attention. Do not hesitate to contact me if you have questions. Barns nent Services Director / Building Official I . '117 4 10 1 54 Gr;qpcviLw, Texas 74�tz,* �1 -31, 7) FEE, 24,2011 11. 16,E [y1r. Richard L. Rothfeldert Rothfelder if P. 1101 Louisiana, Suite 550 HousWn, Texas 77002 BOYLE & LOWRY9 L.L.P. ATTORNEYS AND COUNSELORS 4201 WINGREI'L SLUE� I" IRVING, TEXAS 75062,2763 wwwboy1c-1oWrY-WM Re., Cause No. 10-854720-2 (Your File No. 1030-233) (972) 6504100 F= (972) 650-7105 Writer's DirM Li= (972)6S4µ7144 E-mafl-.mcgboylr.@bc�ie-lOWrYCOM Via letter dated December 8, 2010, YOU were advised that your client's sign at 1701 UA W, State Highway 114 could not be legally moved, altered, or adjusted. Our letter of thaqt.. " ; . In spite with the Ruildin Official's prior decision on the matter Ly L,kl and must be removed. If for any reason Re s tI pursue all 5vai1able remedies on behalf Of the City, W-TV41#1 Ml!r11 R 671 ff"[ �� Ano . 0 �K�10W;9� ft,Vw"14 Matthew C. G. Boyle Assistant City Attorney ROTBFELDER & FALicK. L.L.P. Attorneys At Law RicHARD L. Ro=LDER 1201 LouisiANA rrothfelder@swbell.net SwTF550 BoARD CERTmiED - CiviL T)?mL LAw HOUMN, TExAs 77002 February 28, 2011 T)ELEPHoNE: 713-2202 FACSIMILE: 7i 13-6158 WWW.RoTaFELDMALICK Mr. Matthew C. Cr. Boyle Via Certified Mail, RRR # 7009 1680 00017224 0935 Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062-2763 RE: Alleged illegal alteration of off -premise sign by CBS Outdoor, Inc., order to remove an outdoor advertising structure located adjacent to SH 114 in Grapevine, Texas, and notice of appeal, Our, File No. 1030-233. Dear Mr. Boyle: This letter is written in response to your correspondence dated February 24, 2011. In your letter, you assert CBS Outdoor, Inc. ("CBS") illegally modified its outdoor advertising structure (``Sign") located adjacent to SH 114 in Grapevine. Your letter further asserts the Sign has lost its legal nonconfon-ning status, and therefore is now an illegal structure that must be removed. Finally, your letter threatens legal action by the City in the event the Sign is not removed pursuant to the City's demand. Please be advised that CBS respectfully disagrees with the position taken by you on behalf of the City as set forth in your February 24 letter. CBS's actions were in response to a demand it received by the State of Texas ("Texas") and Texas Department of Transportation ("TxDOT"). In any event, CBS was not required to obtain a permit from the City as the actions it performed involved a minor, nonstructural adjustment to the Sign. Accordingly, the 'Sign continues to enjoy its legal nonconforming status. Based on the foregoing, please be advised CBS intends to appeal the City's decision pursuant to Section 68 G of the Zoning Ordinance. Our appeal will be filed with the City within 15, days of the date of your letter, or by March 9, 2011. According to Section 68 G 2, all proceedings pertaining to this dispute are stayed. CBS will therefore not be removing the Sign within 30 days of receipt of the February 22, 2011 letter. Please do not hesitate to contact me should you have any questions or care to discuss this matter further. io SRRP�P February 28, 2011 Page 2 Very yours, Richard L. Roel er gm I;UcHARD L. Rommzm rrothfelder@swbell. net BoARD CERTuuD - QviL TRIAL LAW Mr. Scott Williams Director of Development Services The City of Grapevine 200 S. Main Al iz 1; il���������ill��� Attorneys At Law 1201 LomSIANA SUITE 550 HOUMN, TExAs 77002 February 28, 2011 TELEPHoNE: 713-220- FAcspomE: 713-658- WWWROTHFUDERFALICK Via Certified Mail, RRR # 7009 1.680 00017224 0942 RE: Alleged illegal alteration of off -premise sign by CBS Outdoor, Inc., order to remove an outdoor advertising structure located adjacent to SH 114 in Grapevine, Texas, and notice of appeal, Our File No. 1030-233. Dear Mr. Williams: This letter is written in response to your correspondence dated February 22, 2011. In your letter, you assert CBS Outdoor, Inc. ("CBS,") illegally modified its outdoor advertising structure ("Sign") located adjacent to SH 114 in Grapevine. Your letter further asserts the Sign has lost its legal nonconforming status, and therefore is now an illegal structure that must be removed within 30 days of our receipt of your correspondence. Finally, your letter threatens legal action by the City in the event the Sign is not removed pursuant to your demand. Please be advised that CBS respectfully disagrees with the position taken by the City as set forth in your February 22 letter, CBS's actions were in response to a demand it received by the State of Texas ("Texas") and Texas Department of Transportation ("TxD3OT"). In any event, CBS was not required to obtain a permit from the City as the actions it performed involved a minor, nonstructural adjustment to the Sign. Accordingly, the Sign continues to enjoy its legal nonconforming status. Based on the foregoing, please be advised CBS intends to appeal the City's decision pursuant to Section 68 G of the Zoning Ordinance. Our appeal will be filed with the City within 15 days of the date of your letter, or by March 9, 2011. According to Section 68 G 2, all proceedings pertaining to this dispute are stayed. CBS will therefore not be removing the Sign within 30 days of receipt of the February 22, 2011 letter. Please do not hesitate to contact me should you have any questions or care to discuss this matter further. 77,77- -%N/a/mm, V 611 February 28, 2011 F1.1,age 2 TVery yours, Rich d L. Rothfelder M-01 CC: Bo Mr. Matthew C. G. yle Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062-2763 COY= ROTHFELDER & FALiCK,: L.L.P Attorneys At Law RicHARD L. Ron EFELDER rrothfelder@swbell.net BOARD CERTrFiED - CiviL TRIAL LAw Nft. William D. Tate Mayor . The City of Grapevine 200 S. Main P.O. Box 95104 Grapevine, TX 76099 Mr. Matthew Boyle City Attorney, The City of Grapevine Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, TX 75062-2763 Mr. Bruno Rumbelow City Manager The City of Grapevine 200 S. Main P.O. Box 95104 Grapevine, TX 76099 Mr. Scott Williams Director of Development Services The City of Grapevine 200 S. Main P.O. Box 95104 GrapevilK, IX 76099 1201 LouiSTANA Surm 550 HousToN, TExAs 77002 March 1, 2011 TELEPHoNE: 713-220-2! FAcswnz: 713-658-8.' WWWAOTHFUDERFALICKk Via Facsimile (817) 481-0867 and Certified Mail, RRR, #7009 1680 7224 0959 Via Facsimile (972) 650-7105 and Certified Mail, RRR, #7009 1.680 7224 0966 Via Facsimile (817) 410-3002 and Certified Mail, RRR, #7009 1680 7224 0973 Via Facsimile (817) 410-3018 and Certified Mail, RRR, #7009 1680 7224 09,80 Cause No. 10-85470-2; The State of Texas v. Sam's Real Estate Business Trust, a Delaware Statutory Trust, et al; In Tarrant County Court at Law No. 2 in Tarrant County, Texas; Our File No. 1030-233. Dear Messrs. Tate, Boyle, Rumbelow, and Williams: F71A7,1-- 1 1 ' a AN March 1, 2011 Page 2 As we advised in our correspondence to you dated October 10, 2010, we represent CBS Outdoor, Inc. (" CBS"). We have attached a copy of the October 10 letter as Exhibit 1; however, we provide the following background information to assist you in your handling of the request contained herein. . As a result of a project conducted by The Texas Department of Transportation ("TxDOT") to improve and widen SH 114 ("Project") in the vicinity of the City of Grapevine, Texas ("City"), TxDOT determined it was necessary to acquire by eminent domain fee title in certain land and improvements adjacent to SH 114,. The State of Texas ("State") therefore filed the above -captioned Petition for Condemnation to acquire property including a portion of real property, as described in Exhibit A attached to our October 10 letter ("Property"). Additionally, the State sought to acquire by condemnation an outdoor advertising structure ("Sign") owned and operated by CBS pursuant to a Lease Agreement ("Lease") with the landowner. In our October 10, 2010 correspondence, we advised you that the Sign pole is not located on the portion of the Property the State is acquiring. However, after the land was taken by the State, the Sign face overhung the easement by a few feet.As a result of the overhang, CBS advised the City that it was required to conduct maintenance to the Sign so that the face no longer encroached on the easement. Although CBS did not believe that approval of the City was necessary to conduct such maintenance, we wrote to you and asked the City to grant CBS leave or a special permit, if necessary, to conduct the m.aintenan. ce. As stated in our October 10 letter, the proposed work is routinely permitted under TxDOT's regulations as set forth in 43 Tex. Adm. Code 21.160, the purpose of which is to provide for the relocation of certain signs along regulated highways within Texas that would otherwise be precluded. More specifically, we identified Section 21.160(f)(1), "Bisection'', which states as follows: "An existing permit may be amended by the district office ... to authorize ... a monopole sign face overhanging the proposed right of way to be shifted to, the remainder..." The City Attorney denied our request to make the proposed changes in a letter dated December 8, 2010, a copy of which is attached as Exhibit 2. In a letter dated January 7, 2011, TxDOT's agent ordered CBS to remove the Sign encroaching on the State's right of way by February 1, 2011. A copy of this letter is attached as Exhibit 3. In deference to the City's denial of CBS's request to bisect the Sign as allowed under TxDOT's regulations, and in further response to the State's demand, CBS simply removed the 4' wide Sign panel that was overhanging the right-of-way. It is important to note, CBS DID NOT PERFORM THE WORK IT DESCRIBED IN ITS OCTOBER 1 O�, 2010 LETTER. Nonetheless, both the City and the City Attorney wrote to us stating that CBS's actions were illegal, that any prior legal nonconforming status of the Sign was terminated, and ordered the Sign removed. Copies of the letters, dated February 22, 2011 and February 24, 2011, are attached as Exhibits 4 and 5, respectively. CBS intends to timely appeal the City's decision to the Board of Adjustment, and anticipates this matter will be set for hearing sometime in the near future. March 1, 2011 Page 3 The purpose of this letter is to advise you that, although it does not believe the City's approval is necessary, CBS seeks to "re -attach" the 4' panel it removed to accommodate Tx OT's Project to the other end of the Sign. By doing so, CBS will be able to restore the Sign to its same 48' overall width, thereby saving the taxpayers hundreds of thousands of dollars in condemnation acquisition costs. Based on the City's denial of CBS's initial request, we anticipate a denial of this request as well. In order to expedite and simplify the resolution of all outstanding disputes regarding the Sign, we respectfully request the City provide us with a response to CBS's request at the earliest possible time, so that the appeals of these two decidedly related disputes may be addressed by the Board of Adjustment at one hearing. Please do not hesitate to contact me with any questions or should you require any additional information. L. Rothfelder JLD Enclosures cc: Sejin Brooks Via Email Assistant Attorney General Keith Sliger Texas Department of Transportation Jim Scott i11,s Phillips Signs Signs , 116 NE 6th Street Grand Prairie, TX 75050 Fax: 972-853-7710 Email: TO: CBS OUTDOOR DATE: 2/25/11 Attn: Eddie Fowler PROJECT: 14 x 48 1217 CM 6,4'OAH LOCATION: DFW N BELO IV ;T,FHEREBy,pROPOSETOFURN[SH,INACC�ORDANCEKTHSPECIFICATIO SB LO P'ORO A TTA CHED PAGES ALL NIA TERL4LS & Ld, BOR NECESSARY TO COIVPLETE THE FOLLO kV7ATG: SCOPE OF WORK: Manufacture and Install One (1) 1.4' x 48' CM 12'V 64' Over all height structure. IBC 2006 based sign. Includes sign, and 2 sets of metal panels. Total Structure $36,300.00 2 Sets Metal Panels 4,800.00 Installation 6,000.00 "Pier Drilling 1.400.00 TOTAL PRICE $ 48,500.00 SPECIAL NOTES: 1 , Sales ta��x is not included in tWs proposal urfless specifically noted. 2. pernlit fees are not included wiliess specifically rioted. 3 Engineering fee is not included wiless specifically noted. 4Any alteniationsor deviation frorn the above or attached specifications involving extra costs ivill bd will. become an extra charge over ai above the estimate. 5. Drill cost above $1400.00 will he billed upon final invoice. 6. Installation within 100 mile radius of Dallas/Fort or area. 7, Pro osal Valid for Fourteen (14); Days Only. 8, Contract should be signed and faxed or emaileld back upon acceptance. 50% Deposit Upon Acceptance of Contract/Propos Balance Due upon Completion i M 0: 0 w a I M 0 a 0@ 0 a a a w a a 6a 0 a s yaw 9 a v " 0, , " K w 9'a a a Acceptance of Proposal The above prices, specifications and conditions are satisfactorily and are hereby accepted. You are hereby authorized to, do the work as specified. Approved by: EXHIBIT Date: M�1411 �.� Phillips Signs 116 NE 6th Street Grand Prairie, TX 75050 Fax: 972-853-7710 Email: phillipssignsgyahoo.com TO: CBS OUTDOOR DATE: 2/20/11 Attn: Eddie Fowler PROJECT: Flag Modification LOCATION: 114&Sonthlake, Dallas WE HEREBY PROPOSE TO FURAUSHIN A CCORDANCE WITH SPECIFICATIONS BELO WOR ON ATTACHED PA GES ALL MATERIALS & LABOR NECESSARY TO COMPLETE THE FOLLO WING: Option I Add gussets per Drawing 4 62748-44 J L/ X 14 y $ 1,600.00 Option 2 Convert to semiflag per Drawing 4 62847 q I $ 9,800.00 Option 2 Convert to serniflag per Drawing # 62848 ?I $ 12,9'00.00 �- .1119, M- U, 4j] E 11 a [01,1 1, Sales tax is not included in this proposal unless specifically noted. 2. Permit fees are not included unless specifically noted. 3. Engineering fee is not included unless specifically noted. 4. Any alternations or deviation from the above or attached specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. 6. Installation within 100 mile radius of Dallas/Fort Worth area. 7. Proj)osal Valid for Fourteen (14) Days Only. 8. Contract should be signed and faxed or entailed back upon acceptance. 50% Deposit Upon Acceptance of Contract/Proposal Balance Due upon Completion 0 0 a BREEN a a Mom 0 as am am 0 Bob a ME map Mon am MEOW" X RNME a ME a Mons mum a an ME man now Ong mom a a a a Kom an no Dom m� Acceptance of Proposal The above prices, specifications and conditions are satisfactorily and are hereby accepted. You are hereby authorized to do the work as specified. Approved by: Date: ... . ... ... Richard Rothifelder From: S,eiin Brooks [ Sent: Wednesday, February 23, 2011 2:�48 PM To: Richard Roth,felder Subject: RE: CBSISH 114 Richard, TxDOT has no issue with the setback and, as the sign has been removed from the right-of-way, TxDOT`s issues have been addressed. While TxDOT would allow the sign to remain in its, current form, TxDOT does not have the jurisdiction over rather or root the sign, is currently 'legal, to include the setback issue, as those are issues that are under the city ordinances of the City of Grapevine TxDOT has addressed it's concerns with the City of Grapevine and continues to address it's issues regarding the removal and the costs that the TxDOT will incur. Further, we have addressed to the City of Grapevine that as far as TxDOT is concerne:dl the sign may remain as modified and TxIDOT will not force or require the removal of the CBS sign. Any such ruling or requirement is an issue between CBS and the City of Grapevine. TOOT can not; however, formally join CBS in any action against the City of Grapevine, nor will TxDOT join the City of Grapevilne against CBS. Thus, TOOT will remain neutral and has no other position than to wait for the matter to be resolved between the City of Grapevine and CBS and then act accordingly. Thank you. 03 lig o s �a gy gug �Q '��a-- @ 5� S " 8 t3^ a '3� sa sl s ®�,PP°�jZ40•0.biO 0,4Y �W� � F .. 5 �' 3 ���df 3.. � E �g � •i» w o 4 �s� €s ��S• g��� y® V 9� rs §'i C,+���&�����_m�a#�N.3.��k �Yn �04 �� :'tl u^�' Pl'!b� g� �•4W� ��®� \�� YFa$g�?�"�g ��F ���a`�� � � :.� 3� '•€.� uh i =UR Y 41' /Tl V c 6 y F11,11 a � I (aeu) !46460 Zi x 01M a.11 (a.u) 14640 u x Otu, Iw I� a, i axy s6s.o-.n gig � . @ ��" ��� wsw: m � 990 (IU eoi x �ws — I s�E � a.11 R q s� lull § I rl_ V �MD 1 � o1 I-J wsw: m � 990 (IU eoi x �ws — I s�E � J r� „��:: a.11 R q s� lull § J r� „��:: a.11 R lull § rl_ V �MD n a w 0 W I r - J r� „��:: �� '�i /. F'/,�i� 1 `l</r' %itll4i� IP n� 1 f lj�/� �p�"G"i / �'!/f Y ✓. 1 l� f ✓ �� 1 7 i iii 16� 1, IBS I i 1 rtIr . ✓x/Iay J l� Y r / rr � � Ir illn q� / `f""�rll! ✓ / �/ ar �iP b Y /li� 1✓� //%1 �P f �i/ 4 / 1 9 !1 / �� N1 y / r a .sajqqu4 a<v , . .« ©. . X LU .Szlqqpa r .. _ <.. , I i `� �\� � � \: \\./���i� /������� ..� /� � � � � <� : ;.\ \}: \� �/ � � � �, g� � � � � \ �� 2 . / w x��o n a, � �l� , � � iP ���, iu! i l v f,;�<< <«lxL:; •$ »�;»■»r��■1;: tip 2 <m CBS UTDO+ f.(» . r.2f:«r»:S$ Y RICHARDL ± +2£;LL»Lf.L»« f2 f «:2i}"1<f & <<1« <2 f. ATTORNEYS w:;»« i2§LOUISIANA—SUITE §§! HOUSTON, TEX«-7H? M HE AG LAR GROUP, «INC. :<: f FILE #BB :00: The Aguilar Group, Inc. 8178 GSR[Avenue Baton Rouge, Louisiana 70820 (225) 769-6885 FAX (225) 769-2332 e-mail. rudi9283'6gaol. corn April 11, 20 11 Richard L. Rothfelder, Esquire Rot (elder & Falick, L.L.P. Attorneys at Law 1201 Louisiana—Suite 550 Houston, Texas 77002 (713) 220-2288;Fax: (713) 658 -8211;E -mail: rrotilfeldera)swbcll.net L_ RE. VOF 2 — REPORT: Market Value Appraisal, Self Contained Report of Back -To -Back 14' x 48' Illuminated Bulletins, Panels No. 02-2042 S (Right Read) & 02-2043 N/F (Cross Read), Lease No. 29-2501 Land Company, Lessor, Supported by a Steel Monopole, Located on the West Side of Highway 114, South of Southlake, City of Grapevine, Tarrant County, Texas Dear Mr, Rothfelder: Pursuant to the letter of engagement of March 29, 2011, executed by you on the same date (Exhibit 1), the undersigned appraiser developed a Market Value Appraisal, Self Contained Report of the referenced property. This appraisal is dated November 30, 2010, the reported date of taking. This report is dated April 15, 2011. Therefore, this is a retrospective appraisal. The purpose of this appraisal is to estimate the market value of CBS Outdoor, Inc.'s property. This report is for the exclusive use of CBS Outdoor, Inc. and should not be relied on by any other party. As stated above, the property consists of back-to-back 14' x 48' illuminated bulletins, Panels No. 02-2042 S/F (Right Read) & 02-2043 N/F (Cross Read), Lease No. 29-2501 Land Company, Lessor, supported by a steel monopole, located on the west side of Highway 11 4, south of Southlake, City of Grapevine, Tarrant County, Texas. The Market Value appraisal of the referenced property was completed per, and conforms to, the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Foundation, the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute, the rules and guidelines of the American Society of Appraisers, and the rules and regulations of the Texas Appraiser Licensing and Certification Board. Note: The undersigned appraiser is a State Certified General Real Estate Appraiser in the State of Texas, Number: TX -1332122-G. Page 2 Mr. Thomas J. Diedrich, General Manager and Ms. Tanya Lillie, Real Estate Manager, CBS Outdoor, Inc., 11233 North Stemmons Freeway, Dallas, Texas 75229, (972) 243-1100; Fax: (972) 243-390,6,; respective E-mails: Tom. Diedrich&CB SOutdoor,corn and Tanya.LilliegCBSOutdoor.com, provided the appraiser with factual information about the property. The marketing time for the subject property was estimated as being no more than twelve (12) months. There was no evidence of hazardous materials or waste within the subject site and no evidence that the property has any cultural, natural, recreational, or scientific value. On July 1, 1996, Reynolds Outdoor, Inc., a CBS Outdoor, Inc. predecessor company (LESEE— Tenant), executed a LEASE AGREEMENT and ADDENDUM (Lease No. 291), with 2.501 Land Company, P.O. Box 835610, Richardson, Texas 75083 (LESSOR—Landlord), as successor in interest to Adams 11 Joint Venture and Marion Plaza Shopping Center, Inc. The salient points of the agreement are given below: `41. Landlord hereby leases to Tenant that certain tract of land located in Tarrant County, Texas, and more, particularly described on Exhibit "A " attached hereto and incorporated herein for all purposes (hereinafter referred to as the "Property'), for the purpose of maintaining advertising structures, including necessary related devices and connections (hereinafter referred to collectively as "Billboard'). 4(2, The term of this lease shall commence effectively on July 1, 1996, and shall continue for a term of ninety-nine (99) years (the "term'). During the Term, Tenant shall not have the right to cancel this Lease Agreement, except as provided in Paragraph 6 below. "Landlord shalt' have the option to purchase the Billboard from Tenant for $5, 000. 00, with such option exercisable at the end of the lease tem. Tenant shall be required to remove any Billboard upon Landlord's request at any time after the Lease has terminated in the event Landlord has not previously exercised its purchase option. `3. Tenant shall pay Landlord monthly rental payments equal to the greater of (i) $750.00 or (fl) 30% of Gross Revenues, as hereafter defined... Gross revenues shall be defined as the advertising revenues received by Tenant; provided, however that the revenue for the specific billboard located on the Highway 114 access road (see Exhibit "A') shall not be calculated as an average or bulk amount resulting from multiple board transactions such as Tenant having several billboards leased to one customer, if the result of such averaging is less than the market rate. Tenant will provide to Landlord upon request copies of any and all advertising contracts applicable to the Billboard. " Page 3 As reported in the Photographic Data Sheets, the Daily Effective Circulation (DEC) at the site's location on Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas, is 84,780. CBS Outdoor, Inc. provided the appraiser with copies of its "Rent Calculation Form" and "Qlo Rent — Panel Revenue history Report, Dallas/Ft. Worth" (Exhibit 3) with supporting "'Advertising Agreements" kept in the appraiser's files, for the twenty-four month period covering February 2009 through January 2011. The revenue is summarized below: PANEL SIZE BEGINNING DATE ENDING DATE EFFECTIVE NET REVENUE 02-2042 14' x 48' 02/2009 01/2010 $80,0613.40 02/2010 01/2011 $136,875.00 02-2.042 14'x 48' 02/2009 01/2011 $2.16,938.40 02-2043 14' x 48' 02/2009 0112010 $86,692.86 02/2010 01/2011 $117,428,59 02 20�i3 14'x 4$ O '2009 01,.01 1 $04.1 1.4�s 02-2042 & 02-2043 14 x 481 02x"2009 0112,011 i $421,059.115 For Panel No. 02-2042, the Effective Net Annual Revenue (net of vacancies and rent loss and agency commissions) was $80,063.40 for the twelve-month period covering February 2009 through January 2010, and $136,875.00 for the twelve-month period covering February 2010 through January 2011,. a 70.96% increase from the previous twelve -months. This revenue growth indicates that the referenced panel has extremely appealing location, orientation and visibility for which the advertisers are willing to pay increasingly higher rent. The appraiser concluded that Effective Net Annual Revenue (Effective Net Annual Rent) of $137,000 (a very conservative estimate which does not account for future revenue growth) is indicated for the subject 14' x 487 illuminated bulletin and supported by the market. For Panel No. 02-2043, the Effective Net Annual Revenue (net of vacancies and rent lass and agency commissions) was $86,692.86 for the twelve-month period covering February 2009 through January 2010, and $117,428.59 for the twelve-month period covering February 2010 through January 2011, a 35.45% increase from the previous twelve -months. As for the previous panel, this revenue growth indicates that the referenced panel has extremely appealing location, orientation and visibility for which the advertisers are willing to pay increasingly higher rent. The appraiser concluded that Effective Net Annual Page Revenue (Effective Net Annual Rent) of $118,000 (a very conservative estimate which does not account for future revenue growth) is indicated for the subject 14' x 48" illuminated bulletin and supported by the market. For both faces, Panels No,. 02-2042 & 02-2043, the combined Annual Effective Net Revenue (net of agency commission and vacancy & rent loss) is estimated to be 5137,000 + $118,000 = $255,000. As previously stated, the purpose of this appraisal is to estimate the Market Value of the subject property as of the date of taking. It conforms to the following guidelines: A. The appraisal must result in a market value being assigned to the project. Market Value, as defined by the Appraisal Institute and the American Society of Appraisers (the Appraisal Societies), is: "...the most probable price in terms of money which a property should bring in competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus." Implicit in this definition is the consummation of a sale as of a specified date and the passing of title froth seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated, 2. Both parties are well-informed or well advised, and each acting in what he considers his own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto. 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. B. The appraisal must conform to the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Foundation. C. The appraisal must disclose any steps taken that were necessary or appropriate to comply with the Competency Provision of the USPA-P. D. The appraisal must be written. Page 5 E. The appraisal must report a reasonable marketing period for the subject property. F. The appraiser must certify that the appraisal assignment was not based on a requested minimum valuation, specific valuation, or the approval of a loan. G. The appraisal must include a legal description of the subject property. H. The appraisal must identify and separately value any personal property, fixtures, or intangible items that are not real property but are included in the appraisal, and discuss the impact of their inclusion or exclusion on the estimate of market value. L The appraisal must contain sufficient supporting documentation with all pertinent information reported so that the appraiser's logic, reasoning, judgment, and analysis in arriving at a conclusion indicate the reasonableness of the market value. J. if information required or deemed pertinent to the completion of the appraisal is, unavailable, the facts shall be disclosed and explained in the appraisal. K. The appraisal must follow a reasonable valuation method. (The method should address all recognized approaches to market valuation unless there are documented reasons why a particular approach should be eliminated and reconcile those approaches). The appraisal should include a one-year sales history analysis of the property being appraised. This is particularly important in cases where values have increased significantly over a short period of time. To estimate the Market Value of this property, the appraiser used the three (3) recognized approaches to value—Cost Approach, Income Approach and Sales Comparison Approach. In the Cost Approach, the appraiser considered the construction quality of the structure, its physical condition, and its depreciation from all causes. The appraiser estimated its reproduction/replacement cost; CBS Outdoor, Inc. verified the appraiser's estimate. In the Income Approach, the appraiser considered the leasing history of the billboard structure. The data given above summarize its recent lease history. The appraiser analyzed the subject's occupancy and rent history, and CBS Outdoor, Inc.'s operating expenses, to estimate the subject's Net Operating Income (N01) at stabilized occupancy. The Net Operating Income was capitalized at a market rate to compute the referenced billboard's Market Value from this approach. In the Sales Comparison Approach, the appraiser analyzed sales of comparable property. The sales found were compared to the subject, with adjustments made for differences. Page 6 Richard L. Rothfelder, Esquire, CBS Outdoor's attorney, instructed the undersigned to appraise the property described above, consisting of back-to-back 141 x 481 illuminated bulletins, Panels No. 02-2042 S/F (Right Read) & 02-2043 N/F (Cross Read), Lease No. 29- 2501 Land Company, Lessor, supported by a steel monopole, located on the: west side of Highway 114, south of Southlake, City of Grapevine, 'Tarrant County, Texas, under the assumption that it cannot be relocated or replaced in its market area and that, consequently, its expropriation constitutes a total loss to CBS Outdoor, for which the company should be fully compensated. The subject property was developed to its Highest and Best Uses. Highest and Best Use is defined by the Appraisal Societies as: "...That reasonable and probable use that supports the highest present value, as defined, as of the effective date of appraisal."" Page 7 As a result of research and analysis, it is the appraiser's opinion that the Market Value of the subject property, as of November 30, 2010, the date of taking, is: $2,012,000 Transmitted herewith is the appraisal report, which shows the appraiser's value conclusions. Sincerely yours, Rodolfo I Aguilar, Ph.D., PE/PLS, AIA, ASA, AW Texas State Certified General Real Estate Appraiser, Number: TX- I 332122-G Louisiana State Certified General Real Estate Appraiser, License No. G0041 Mississippi State Certified General Real Estate Appraiser, Number: GA -694 North Carolina State Certified General Real Estate Appraiser, Certificate No. A5780 Professional Engineer/Professional Land Surveyor, Louisiana Registered Architect, Georgia, Louisiana & Mississippi Page 8 The Aguilar Group, Inc. is a real estate consulting company with headquarters in Baton Rouge, Louisiana. Rodolfo J. Aguilar, Ph.D., is Chairman and CEO of Pyburn & Odom MCA, LLC, Consulting Engineers; Chairman, President and CEO of The Aguilar Group, Inc., Real Estate Appraisers, Analysts, Consultants; Professor Emeritus of Architecture and Finance, Louisiana State University; and Entrepreneur -in -Residence and Clinical Professor, A. B. Freeman School of Business, Tulane University. Dr. Aguilar holds a B.S. in Architectural Engineering, a B.Arch. (Architecture), and an M.S. in Civil Engineering from Louisiana State University; an MBA from the A.B. Freeman School of Business, Tulane University; and the Ph.D. in Civil Engineering from North Carolina State University. He is a Registered Architect in Georgia, Louisiana and Mississippi; and a Professional Engineer (Civil Engineering), Professional Land Surveyor, and Licensed Real Estate Broker in the State of Louisiana. He is also certified by the National Council of Architectural Registration Boards. He is currently certified as a general real estate appraiser in Louisiana, Mississippi, North Carolina and Texas. Dr. Aguilar holds the Accredited Senior Appraiser, ASA designation of the American Society of Appraisers and the NUI designation of the Appraisal Institute. He is also currently certified under the Continuing Education Programs of the American Society of Appraisers and the Appraisal Institute. Dr. Aguilar was a member of the first Appraisal Sub-corninittee of the Louisiana Real Estate Commission, as Louisiana's Sixth Congressional District representative. The nine member Sub -committee was vested with the following autonomous powers and duties: (1) To establish educational programs and research projects related to the appraisal of real estate; (2) to establish administrative procedures for certification; (3) to adopt educational regulations; (4) to adopt continuing education regulations; (5) to adopt standards for the development and communication of real estate appraisals; and (6) to perform such other functions and duties as may be necessary to carry out the provisions of the Louisiana Certified Real Estate Appraisers Law (Act NO. 472-, S.B.No. 446). Page 9 Title Page Letter of Transmittal TableuCContents ......... _.................. ................... ............. ............................ ............... --........................... ...... tO SummaryofFacts and Conclusions .............................................. —.......... _................................................... ....... 12 Property R��u/ppra�ed--_----_--------_—____________________________ �� General Classification ofOutdoor Advertising Structures ........... ... ___ ..... --.................................. .................... 4 Outdoor Advertising Showing Strategies .............. ......... ............. ....................... .................................. ......... ....... l5 On -Premise Versus Off -Premise Advertising ..... ............... ....... —____ ........ —........ _—.......... ....... .................. 5 ThePlant ... ...... .................. —............... ........... —..................... —'........ ..... ....... ..................... .................... 15 Components mfIndividual Sign Structures .... ........... ................... —..................... _........ ...... _--_—_....... .16 Discussionofthe Appraisal Problem .............................. ........ ___ ...... _................... ................ ........... ........ ........ 17 Appraisal Considerations Peculiar toOutdoor Advertising ........... ___ ....... ................. ............... _----......... ..... 21 DESCRIEPTIVE SECTION: Brief SUeDoa���uo—__—_----_-----__—_--___________________________ 23 Use_ ........... .... -............. .................... —........ ............ ......................... '—'~^~........ ^'~................... --.......... 23 0vwuersJp—___---__--___________________________________________ 23 Lease0istmry_...... ..... ................ ....... .......................................................... ~~_._'.-_--........... ............ z4 Highestand Best Use &nnlyois--_........... ___ ...... _..... ____ ......... .................... _—.................................... ... -25 GeneralLocation Map ................... —............... ....... ____ ........... ____ ... ........................................... ---..... 20 VicinityMmp__.............. ............. ............... ............... ... ____ ..... ....... .... ............................... _—_......... uv VicinityAcriu..................... ........ ......... —..... ___ .... ....... ..... ___ ......... ...................................... _--...... ... 30 SpecificLocation Map .......... ............... _........... ___ ......................... ....... ___ ... ....... _—... ............ ............ _3l SpecificLocation Aerial .......................... _.... .............. —.................. ... ... ........ ----...... ........... ................ 32 TarrantCounty, Texas ... .................. .......................... __...... —........ -............. __............ ... .... _......... 93 8o�mm�oNc�bhodhovd_--_—__----------_------_____________________ ___. �l Site Data and Description ofImprovements .......... ........ --_.......................... ....... ....... ___ ........ --........... ........ «z PhotographicData Sheets .................. .......... —__...... —_-----............ ............... ........ ......... ............ ___43 VALUATION SECTION: LandValue Estimate .... ....... ..................................... --_--......... ....... ......................... ................. _---.... «/ Sales Comparison Approach moLand Value ... ................ ...... _—__—_—...................................... ____ ...... .... 40 CostApproach toValue ........... .......... ... .............. .............. .............. ..... ____ ........ —_.......... ............ .......... *v Cost Approach 'Outdoor Advertising Structure .............. ......... --...... .............. —........... --.... ... ...... ... .51 IncomeAyproauh_............... ............ ............... ........ ............... ...... ....... .... ............... ....... ......... .................. 5u Cup�aDz�iooD�o—_---__---_______________________________________ 60 SalesComparison Approach WValue ................ ...... .......... ........................................... ...... ................................... 65 ADDENDA: ........................................................................................ ........................... .............. 70 1. Limiting Conditions and Assumptions 2. Certifications 3. Qualifications of the Appraiser 4. Exhibits: 1) Letter of engagement 2) Lease Agreement and Addendum 3) Rent Calculation Forms &'% Rent —:Panel Revenue History Reports, Dallas/Ft. Worth 4) CBS Outdoor Act PEBITDA/01 Detail YTD 5) Bonds, Rates & Yields, The Wall Street Journal 6) Sale Comparables (SEE VOLUME 2 OF 2 — SALES) Page 11 TYPE OF PROPERTY: Back-to-back 14' x 48' illuminated bulletins, Panels No. 02-2042 SIF (Right Read) & 02-2043 MIF (Cross Read), Lease No. 29'-2501 Land Company, Lessor, supported by a steel monopole II SITE ESC TION: The land parcel (parent tract) upon which the subject off - premise, outdoor advertising structure is located is described as follows (Exhibit 2): "_ BEING a 19.051 acre tract of .land in the Ambrose Foster Survey, Abstract No. 518, situated in the City of Grapevine, Tarrant County, Texas, and being all of Lot 1, Block 1, of Grapevine Regional Industrial Park, an addition to the City of Grapevine according to the plat thereof recorded in Cabinet A, Slide 1730, Plat Records, Tarrant County, Texas and being a portion of that tract conveyed to Marion Plaza Shopping Center; Inc. by deed recorded in Volume 10521, Page 948 of the Deed Records of Tarrant County, Texas and being more particularly described asfollows:... " LOCATION OF PROPERTY: The west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas PURPOSE OF APPRAISAIL: To estimate the Market Value of the fee simple ownership of the sign structure located on leased property (a leasehold). HIGHEST AND BEST USE ESTIMATE: The portion of the subject leased industrial site on which the referenced billboard structure is located is for an off - premise outdoor advertising sign, the improvement existing as of the date of taking. The subject sign site is located in Lot 1, Block 1, of Grapevine Regional Industrial Park (an industrially -zoned property), an addition to the City of Grapevine. VALUE ESTIMATES: COSTAPPROACH: ........................................................................................................ $ 111,800 INCOMEAPPROACH: .................................................................................................. $1,737,800 SALES COMPARISON APPROACH: ......................................................................... $2,422,500 &M. ................ ....................... . ............ S290110 DATEOF APPRAISAL: ................................................................................. November 30, 2010 Page 12 H Wit 1J, I MUNIAMA-1 The property rights appraised are the fee simple interest in the structure located on leased land (a leasehold), and the land lease. Fee simple interest is the absolute fee ownership, which is without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power and taxation. Market Value, as defined by the Appraisal Institute, the American Society of Appraisers, and the Appraisal Division of the National Association of Realtors (the Appraisal Societies), is: "...the most probable price in terms of money which a property should bring in competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus." Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well-informed or well advised, and each acting in what he considers his own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto. 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Richard L. Rothfelder, Esquire, CBS Outdoor's attorney, instructed the undersigned to appraise the property described above, consisting of back-to-back 14" x 481 illuminated bulletins, Panels No. 02-2042 S/F (Right Read) & 02-2043 N/F (Cross Read), Lease No. 29- 2501 Land Company, Lessor, supported by a steel monopole, located on the west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas, under the assumption that it cannot be relocated or replaced in its market area and that, consequently, its expropriation constitutes a total loss to CBS Outdoor, for which the company should be fully compensated. Page 13 S,TRUCTURIES Outdoor advertising structures are generally classified as: 1. The Junior Poster (8 -Sheet Poster Panel) - This display is approximately 6' high by 12' long. It is small -standardized advertising copy, printed on posting paper and pasted on the face of the sign. It is used frequently to achieve a targeted showing or coverage. 2. The Poster (30 -Sheet Poster Panel)- A standard advertising copy is printed on posting paper and pasted on the face of the sign. Poster copies are standard throughout the industry. They are approximately 12' high by 24' long. Several identical poster copies may be purchased by a single advertiser and displayed throughout the market to achieve a targeted showing or coverage. 3. Rotary Bulletin - This sign has standard face sizes —I 0'-6" x 36', 14' x 48' and 20' x 60'— with varying types of support structures. The advertising copy is painted on panels or computer -printed on vinyls, which are rotated or moved among several locations at frequent intervals—typically 60 -days ---during the term of the contract with the advertiser. They are illuminated, and may include cutouts or embellishments. Advertising contracts for this type ,of sign run from six months to one year. 4. Permanent Paint – These types of structures frequently differ in size, shape and income. Usually, they have fixed term contracts for the advertising space. The message is permanently painted or printed on the physical substrate face of the sign or on a vinyl. 5. Spectacular or Special Sign – These are large, custom-made signs of unusual size and shape, located on prime sites along roads with heavy traffic counts and in major metropolitan areas. The display is often specially treated and may contain extensions. Long term contracts and high production costs are typical for this type of display. 6. Changeable Message Sign (Trivision) – These are generally bulletin -size ---10'-6" x 36', 14' x 48' and 20' x 60', although occasionally they may also be poster -size -12' x 24', illuminated signs delivering three message faces that change at specific intervals. The displays are printed on rotating narrow vertical panels made of triangularly shaped slats, changing placards, or rotating cubes. They are also normally situated on sites along heavily trafficked roads, 7. Changeable Message Sign (Electronic) – These are bulletin -size, electronic -display signs with light -configured messages grouped in cycles. The messages change at specified intervals— their turn period, called twirl period, is one to two seconds depending upon state criteria, and remain stationary between four to ten seconds, again, depending on state criteria. Display frequency and time are mandated by state and local regulations. They are high-cost structures that also are typically situated along heavily trafficked roads in metropolitan areas. Page 14 The advertiser is typically concerned with getting his/her message disseminated throughout a "geographic area", rather than in a single location. Consequently, the client will normally rent several panels simultaneously to insure adequate area coverage. Due to their nature, Rotary Bulletins can be rented individually because the display is moved From one location to another, thus allowing the advertiser maximum "showing" coverage. On -premise and off -premise signs have been defined as follows: On -premise Sign., Any sign that disseminates information that directly relates to the use of the property on which it is located and is not a separate and distinct use. Off premise Outdoor Advertising means any out -door sign, display, figure, painting, drawing, message, plaque, poster, billboard, or any other thing which is designed, intended or used to advertise or inform, any part of which advertising or information content is visible from any place on the main travel way of the interstate system or any thoroughfare. The term "off -premise outdoor advertising," however, does not include signs advertising or identifying on -premise activities, and such on -,premise advertising or identifying structure shall not be: considered "outdoor advertising" structure for any purpose, The Outdoor Advertising Association of America (OAAA) is the national organization to which most outdoor advertising companies belong. Each outdoor advertising company typically has an office and main plant facility - in addition to their investment in the sign structure, which in the industry is commonly referred to as "THE PLANT". The Plant consists of the sign structures (the five basic types of advertising signs described above), which are normally located on leased sites. The Plant does not include the company office(s) and main plant facility. Page 15 lliii'1111111 111 1 1113F`51129 1i The typical components o1 an individual sign are the following. 1. Section 2. Stringer 3, Embellishment or extension 4. Rails 5, Base 6. Catwalk 7. Footings 8. Height above ground level i(HAGL) 9. Illumination, type and description 10. Uprights, super -structure 11. Trim, etc. 12. The subject property also includes the right of possession (leasehold) and the right to operate (permits) Page 16 An appraisal is an opinion of value. It is, the act or process of estimating value or conducting an evaluation study and then transmitting this information, in the form of a documented report, to a client. It is no more scientifically precise than an attorney's or accountant's opinion, but is an opinion based on current market conditions. The final estimate of value rendered by an appraiser is not a guarantee and is only as good as the judgment of the appraiser. Academic training and practical experience are critical in providing a basis for sound judgment. An understanding of the role of an appraiser and the process of preparing an opinion of value should assure the client that the resulting appraisal is a valid and useful tool in evaluating any real property. The greatest challenge lies in the fact that each property is unique. Each one is different from all others, although it probably is similar in many respects, to several. The last transaction involving a property may have occurred several years ago. Compare this to valuing a security. Consider the difficulty if shares in a company, even the very largest, only traded every few years. Real estate is much like privately held businesses which may be sold perhaps once in a generation rather than being traded daily in an exchange. Faced with this problem, appraisers must use a great deal of judgment, supported, but not controlled, by analytical research. To estimate the Market Value of the subject property, the appraiser considered the three traditional approaches to value --Cost Approach, Income Approach, and Sales Comparison. Approach. Each approach is market driven. No single tool controls the result. Each approach to value should be used whenever applicable, with the relative importance of each depending on the nature of the property being appraised (the subject property). These approaches were applied to the subject property as follows, WWTITOSTOT#17I.a1 I The Cost Approach to value requires that the various components of the property be valued separately based on market conditions. It is particularly applicable when the property being appraised consists of relatively new improvements which represent the Highest and Best Use of the land, or when relatively unique or specialized improvements, for which there exist no comparable property on the market, are located on the site. The value of the subject land is estimated by use of the Sales Comparison Approach, using comparable sales of vacant land parcels with adjustments for such factors as size, location, zoning, and others. Next, the Reproduction Cost New of the improvements is calculated. To estimate these costs, a variety of indices is used to take into consideration national costs, with adjustments for local conditions. The Aguilar Group, Inc. uses the Marshall Valuation Service, a national cost data service. Additionally, Rodolfo J. Aguilar, Ph.D., is a Registered Architect, a Professional Engineer, and a Professional Land Surveyor in the State of Louisiana and has extensive experience in estimating construction costs. Page 17 Leasing commissions and carrying costs during construction and lease up must also be estimated and included in the computation of Reproduction Cost New. These are both important items and are frequently overlooked or underestimated. The professional appraiser recognizes, that in reproducing a completed and leased property, these costs must be considered. If the subject improvements show any significant amount of physical depreciation, or functional � -F� 71- A�+ � or external obsolescence, an appropriate deductiOn-must be made b., ­­. I LL� ��Letm t ination of each deduction is, based on the physical condition of those comparable property used in the Sales Comparison Approach and the apparent impact building condition had on sale price. The algebraic summation of the above estimates results in the estimate of value from the Reproduction Cost Approach. This approach often yields the highest estimate of value of the three approaches as affected by the Principle 'of Substitution. This principle states that a prudent purchaser would pay no more for a property than the cost of producing a substitute property with the same utility as the subject. Income Approach The Income Approach to value is based on an analysis of the current revenues for the subject property (if any), verified lease comparables and discussions with lenders and investors as to the proper capitalization rate. From this analysis, an estimate of potential Gross Income is made. This estimate of Gross Income does not take into account operating expenses or a vacancy and credit loss factor. After deducting for these expenses, the annual Net Operating Income is then capitalized at a rate providing for a return of and return on the owner's original investment. The Income Approach to value, or Income Capitalization Approach, involves capitalizing the net cash flow generated by the property. Simply stated, this process involves dividing the Net Annual Operating Income (before taxes and depreciation) from the subject property by the Capitalization Rate (Cap Rate)'. This rate of return is pretax and does, not consider books of account depreciation. Admittedly, projecting cash flow for a property a number of years into the future is an estimate subject to many variables. With some work, though, a stabilized cash flow can be estimated. Care must be taken in analyzing leases that one understands contractual revenues and researches market conditions so that projections for new leases properly incorporate market -dictated lease concessions (if any)'. Applicable operating costs must be independently estimated and deducted from the Gross Annual Income estimate in order to arrive at the Net Income (annual) derived from the subject property. The next step is to derive the Capitalization Rate (Cap Rate). This rate provides a return on and a return of the purchaser's original investment. The Cap Rate can be extracted from the market or can be constructed utilizing current mortgage terms and equity returns for comparable property. Page 18 To obtain a rate from the market, a stabilized cash flow can be calculated for each comparable utilized in the Sales Comparison Approach. Then, for each comparable property, the Net Annual Income is divided by the selling price of the property to reveal what is referred to as the Overall Capitalization Rate. It is now up to the appraiser's judgment to determine an appropriate Cap Rate to apply to the subject, however, it is a judgment based on an analysis of current market conditions. A Cap Rate may also be "constructed" by estimating the percentage of debt to equity and then calculating the necessary return to provide for amortization of the debt and to satisfy equity requirements. The appraiser must analyze the market to obtain data on mortgage terms and equity requirements for property in the same category as the subject. Two points should be noted concerning the Income Approach to value: 1) A small change in the Cap Rate can have a large impact on the estimate of Market Value, particularly at low Cap Rate levels. 2) A very conservative cash flow projection is assumed to consider all the inherent risks in the subject property, in theory, .and if no further risks exist, then a lower rate of return, or Cap Rate, is justified. Sales Comparison Aptaroach The Sales Comparison Approach to value requires the appraiser to seek out data on recent sales of similar, or comparable, property. No two properties are exactly alike, so the data on each comparable property must be adjusted for a variety of differences that exist between the comparable and the property or property being appraised. Adjustments are made for such factors as date of transactions, size of property, location, and condition. If the market demonstrates an upward (or downward) trend in values, for example, then the sale price of the comparable property may be adjusted upward (or downward). This accounts for the change in value during the passage of time between the date of the sale of the comparable property and the effective appraisal date of the subject property. Large property may sell for less per square foot than small property. A. property may be located on a prime arterial street, or it may have less visibility even though located only half a block away. The sale price of each comparable property, after making all necessary adjustments, provides an indication of the Market Value for the subject property. In using this approach, it is important that the appraiser consider several comparable properties in his analysis. They must be similar in most respects. If the adjustments are large, then the comparable property is not really comparable and should be discarded. Page 19 Sale dates of comparable property must be recent but before the date as of which the appraisal is being made. This last point is important because occasionally an appraisal is required as of a certain date in the past. Subsequent events could not have been known to market participants on that prior date, and sales affected by those events may not be relevant. It is also imperative for the appraiser to verify the data to eliminate sales, which may not be ""arm's length", or represent market conditions at the time of sale, For example, sales to related parties should not be considered because often such transactions do not reflect Market Value. After the appraiser has obtained and verified sufficient data on sales of comparable property and inspected them (if possible), the comparables must be compared to the subject property and adjusted for differences. Adjustments are usually made on a price per unit basis (price per square foot, price per room, price per front foot, etc.) and the Gross Rent Multiplier (sale price of the improved property divided by the Gross Annual Income of the property at 100% occupancy). Final Correlation of Value Throughout the appraisal process, the market dominates. When all of the evidence is assembled and considered, the appraiser completes a final correlation of value and issues an opinion of Market Value for the property being appraised. All of the value approaches utilized are structured, methodical, and organized. Most appraisers strive to estimate Market Value within five to ten percent of the actual sale price, if a sale is transacted close to the date of the appraisal. If all the facts about a particular property were known by the appraiser, the target range could be narrowed. But those facts would necessarily include the biases and motivations of all potential purchasers of the subject. Page 20 APPRAISAL CONSIDERATIONS PECULIAR TO OUTDOOR ADVERTISING The usual appraisal methodology—the cost approach, the income approach and the sales comparison approach—also apply to outdoor advertising. However, the outdoor advertising site, which is normally under a contract of lease, is typically appraised separately from the outdoor advertising structure, even though some of the sites may be company owned. The purchase and sale of outdoor advertising plants generally involves three different components: 1. The outdoor advertising structures (sign plant), permits, leases, and advertising contracts; 2. the personal property or chattel, which includes rolling stock such as trucks and other vehicles, office equipment, and other furniture, fixtures and equipment (FF&E); and 3. the company owned sites, office and warehouse buildings, and other owned real estate. This breakdown facilitates the preparation of profit and loss statements, which charge rental payments of leased sites as an operating expense. If a company owns a site (fee simple ownership), an allowance is made for the owned site. Because outdoor advertising structures are income producing, their purchase prices are directly related to the income they generate or are capable of producing. The following appraisal and report follow the rules and guidelines of The Appraisal Institute and the American Society of Appraisers (the Appraisal Societies). This appraisal report also conforms to the Uniform Standards of Professional Appraisal Practice (LJSPAP). Page 21 Page 22 The land parcel (parent tract) upon which the subject off -premise, outdoor advertising structure is located is described as follows (Exhibit 2): "...BEING a 19.051 acre tract of land in the Ambrose Foster Survey, Abstract No. 518, situated in the City of Grapevine, Tarrant County, Texas, and being all of Lot 1, Block 1, of Grapevine Regional Industrial Park, an addition to the City of Grapevine according to the plat thereof recorded in Cabinet A, Slide 1730, Plat Records, Tarrant County, Texas and being a portion of that tract conveyed to Marion Plaza Shopping Center, Inc. by deed recorded in Volume 105:21, Page 948 of the Deed Records of Tarrant County; Texas and being more particularly described as follows; " M1 The Highest and Best Use of the portion of the subject leased industrial site on which the referenced billboard structure is located is for an off premise outdoor advertising sign, the improvement existing as of the date of taking. The subject sign site is located in Lot 1, Block 1, of Grapevine Regional Industrial Park (an industrially -zoned property),, an addition to the City of Grapevine. As reported in the Photographic Data Sheets, the Daily Effective Circulation (DEC) at the site's location on Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas, is 84,780. 2501 Land Company, P.O. Box 835610, Richardson, Texas 75083 Page 23 On July 1, 1996, Reynolds Outdoor, Inc., a CBS Outdoor, Inc. predecessor company (LESEE— Tenant), executed a LEASE AGREEMENT and ADDENDUM (Lease No. 29), with 2501 Land Company, P.O. Box 835610, Richardson, Texas 75083 (LESSOR—Landlord), as successor in interest to Adams 11 Joint Venture and Marion Plaza Shopping Center, Inc. The salient points of the agreement are given below: 1, Landlord hereby leases to Tenant that certain tract of land located in Tarrant County, Texas, and more particularly described on Exhibit "A " attached hereto and incorporated herein for all purposes (hereinafter, referred to as the "Property'), for the purpose of maintaining advertising structures, including necessary related devices and connections (hereinafter referred to collectively as "Billboard'). 2 The term of this lease shall commence effectivelyon July], 1996, and shall continue for a term of ninety-nine (99) years (the "term'). During the Term, Tenant shall not have the right to cancel this Lease Agreement, except as provided in Paragraph 6 below. "Landlord shall have the option to purchase the Billboard from Tenant for $5,000.00, with such option exercisable at the end of the lease tem. Tenant shall be required to remove any Billboard upon Landlord's request at any time after the Lease has te rrn inated in the event Landlord has not previously exercised its purchase option. "3. Tenant shall pay Landlord monthly rental payments equal to the greater of (i) $750.00 or (ii) 30,% of Gross Revenues, as hereafter defined... Gross revenues shall be defined as the advertising revenues received by Tenant, provided, however that the revenue for the specific billboard located on the Highway 114 access road (see Exhibit "A") shall not be calculated as an average or bulk amount resulting from multiple board transactions such as Tenant having several billboards leased to one customer, if the result of such averaging is less than the market rate. Tenant will provide to Landlord upon request copies of any and all advertising contracts applicable to the Billboard. '° Page 24 11TE, "it I XMIA, 110,10 1.4 � Ws The property being appraised consists of back-to-back 141 x 481 illuminated bulletins, Panels No. 02-2042 SIF (Right Read) & 0,2-2043 N/F (Cross Read), Lease: No. 29-2501 Land Company, Lessor, supported by a steel monopole, located on the west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas. Highest and Best Use is defined by the Appraisal Societies, as: (1) That reasonable and probable use that supports the highest present value, as defined, as, of the effective date of appraisal, or alternatively, (2) That use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and that results in the highest present land value. The second part of the definition given above applies specifically to land as though vacant. When a site is improved, the Highest and Best Use may be determined to be different from the existing use; however, the existing use will continue unless and until land value in its Highest and Best Use exceeds the sum of the value of the entire property in its existing use, plus the cost to remove the existing improvements. There are four elements in the Highest and Best Use analysis of land as though vacant and land as improved. The four criteria are that the Highest and Best Use must be: 1) Physically possible, 2) Legally permissible, 3) Financially feasible, and 4) Maximally productive. This analysis of Highest and Best Use for the subject property investigates each element as it applies to the subject. A conclusion as to Highest and Best Use of the land as vacant and as currently improved is outlined as follows: 1) Ph3:EjER!1112nibh: Size, shape, area, and terrain affect the uses to which land may be developed. The utility of a site may also depend on its frontage and depth, zoning designation, access to public roadways, and availability of public utilities (sewer, water, etc.). When a site's topography or subsoil conditions make utilization restrictive or costly, the site's potential future use is adversely affected. All sites available for a particular use compete with one another. If the cost for grading or filling or the cost to, construct a foundation is higher for the site being appraised than for typical sites in the area, the site being appraised may be unusable at the time of the Highest and Best Use determination. Page 25 Highest and Best Use for a property as improved also depends on physical considerations. Whether the property is in good repair and can continue to accommodate the current use may be relevant. If the property should be converted to another use, the cost of conversion must be analyzed relative to the returns to be generated by the converted use. The portion of the site, which is the subject of this appraisal, is improved with the sign structure described above. There are no apparent physical factors that would prevent the continued use of the premises for an outdoor advertising structure. 2) Le all Permissible: Private restrictions, zoning, building codes, historic district controls, long term leases, and environmental regulations are considered in this analysis because they may preclude many possible Highest and Best Uses of both vacant and improved property. After consideration of the permissible uses in context with the physical facts of the referenced parcel, and the type of development in the neighborhood, it is the appraiser's opinion that there is no significant legal limitation to the continued use of the premises for an outdoor advertising structure. 3) Financially Feasible: After determining which uses are physically possible and legally permissible, an appraiser must complete further analysis to determine which of these uses is likely to produce some income, or return,, greater than the combined income needed to satisfy operating expenses, financial expenses, and capital amortization. All uses expected to produce a positive return are regarded as financially feasible. It is the appraiser's opinion that the use of the demised portion of the subject site for an outdoor, advertising structure is financially feasible. 4) lax�mally Productive.. Among the financially feasible uses possible, that use, which provides the highest rate of return, or value, is the Highest and Best Use of the property in question. For determining Highest and Best Use of land as though vacant, the same rate of return is often used to, capitalize income streams into values from the various possible uses of the land. The land income that is capitalized is the residual income existing after the other agents in production (labor, capital, and coordination) are allocated a portion of the property's income. The appraiser concluded that the maximally productive use of the referenced portion of the subject site is for the outdoor advertising structure with which it was improved as of the date of taking. Page 26 Conclusion: As vacant and/or imnroved land, it is the appraiser's opinion that the Highest and Best Use of the portion of the subject leased industrial site on which the referenced billboard structure is located is for an off -premise outdoor advertising sign, the improvement existing as of the date of taking. The subject sign site is located in Lot 1, Block 1, of Grapevine Regional Industrial Park (an industrially -zoned property), an addition to the City of Grapevine. As reported in the Photographic Data Sheets, the Daily Effective Circulation (DEC) at the site's location on Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas, is 84,780. Page 27 SCBSCBS Location Map OUTDOOR 114 & Swthtake 000 121 tit > 7, s..,, F X Aa. w�f trwav virm Im, Ado. Icon # UnIt Location Description Media Market w 4 a P Tbgse klca�fors are no% OF° held kn[s lmt m lor proposal purposes rmly Fat avadatAties contact ywrsales representative. Page 28 CBS Location Map 114 & Southlake Icon :0 Unit Location Description me4la Market vy 4 a 0 These local ons are not on hoX MIS 11s1 * for proposal purposes only. Per avadabi]ites wnl= your sales reprmma4ve Page 29 amiNIEV'Rol CBS Location Map OUTDOOR 114 & Southlakp- Icon # Unit Location Description Media Market to 4 a 1) Thgvle fotzftare not or hold- this Hsi is ftw pro0oul puqpvses imlly For av2l*kb!WMs contad, your Wes fepresentaLive Page 30 CBS Location Map 114 & Southlake Icon # Unit Loczation Description media Market v 4 A% Thes6 bcaMons are nag on N11d this Hist is for proposal purposes OnlV. For 9vailabigUes oonkacl your SaJe% r-presentaij-,p- Page 31 *CBS CBS Location Map OUTDOOR 114 & Sovfh lake loon # Unit Location Deacriplion Media Market v 4 A% P Th m kx4tws are not on hold, this 4st is dor proposal purposes only For avwUbNkrP5 contact your sales represemauve. Page 32 The Tarrant County information below was extracted from the following web page: http"//www.tarrantcoMnly.com/egov/cwp/View.asp?a=703&g=425085 and others. N 1883 County Courthouse Tarrant County's roots lie in the 'Old West' and much of our heritage can be traced to the era of the cowboy and the cattle drives that passed through Tarrant County. Tarrant County is one of 254 counties in Texas which were originally set up by the State to serve as decentralized administrative divisions providing state services and collecting state taxes. Tarrant County, one of 26 counties created out of the Peters Colony, was established in 1849. it was named for General Edward H. Tarrant, commander of militia forces of the Republic of Texas at the Battle of Village Creek in 1841. The village of Grapevine; the Texas Ranger outpost of Johnson's Station (in what is now south Arlington); and Bird's Fort, a short-lived private fort just south of present-day Euless, were early areas of western civilization in the region. General Worth On the bluff where the Tarrant County Courthouse now stands,, a military post was established in 1849 by a company of the 2nd U.S. Dragoons under the command of Major Ripley A. Arnold. The fort was named in honor of General William Jenkins Worth, a hero of the Mexican War and commander of United States forces in this region. Page 33 The first county seat election was held in 1851 and the location receiving the most votes, a few miles to the northeast, became Tarrant County's first county seat, designated Birdville as required by the statute creating the county. After the military post closed in 1853 and the little towns of Fort Worth and Birdville grew, a fierce competition sprang up between them to, be the seat of county government. A second special county seat election was held in 1856, when Fort Worth edged out Birdville by only a handful of votes. Fights and fatal duels ensued over the next four years by supporters of both locations, Finally, in 1860, another special election was held. This time, Fort Worth, by now the larger town, received 548 votes. The geographical center of the county, a compromise location, garnered 301 votes. Birdville tallied only four. From as early as 1856, regular stagecoach service passed through Tarrant County, carrying mail and passengers from the east on to the frontier forts and the West Coast. By the 1870's, mail stagecoaches arrived and departed from downtown Fort Worth six days a week. After the Texas & Pacific Railroad reached Tarrant County and Fort Worth in 1876, Fort Worth became the largest stagecoach terminus in the Southwest - a hub for rail passengers to continue their Journeys west by stagecoach. 1895 County Courthouse From the close of the Civil War and through the late 1870's, millions of cattle were driven up the trail through Tarrant County (roughly following Interstate 35 West) to the railheads in Kansas. The Tarrant County Courthouse, completed in 1895, is fashioned of pink granite from central Texas and took over two years to build. Upon completion, even though the project had come in almost 20% under budget, the citizens of the county were so outraged by the perceived extravagance that, at the next election, the County Judge and the entire Commissioners Court were, voted out of office. Today, Tarrant County has a population of over 1.7 million, some 212 times larger that in 1850, when its inhabitants numbered only 664. Page 34 * Burleson 0 North Richland Hills * Colleyvilie 0 Panteg * Crowley 0 Pelican Bay * Dalworthin2ton Gardens a Reno * Edgecliff VillaM 2.58% Richland Hills * Euless 23.6% River Oaks * Everman 3 Saginaw * Flower Mound 26 Sansom Park Forest Hill Tarrant County Southlake Fort Worth Trophy Club Grand Prairie Watauga Gravevine Westlake Haltran City Westover Hills Haslet Westvwrth Vill,jige Hurst White Settlement a Keller Demographics V�� KIM Population Tarrant County Texas 2006 Estimate 1,671,295 23,507,783 Change April 1, 2000 -July 1, 2.006 15.610 12.7% 2000 Census 1,446y219 20,851,820 Change 1999 to 2000 2.58% Not Available Change 1990 to 2000 23.6% Rank, Texas 3 'Not Available Rank, U.S. 26 Not Available Population by Age (2005) Tarrant County Texas Page 36 Persons under 5 years old 8.4%® 8,2% Persons under 18 years old 28.0% 27.7% Persons 65 years old and over 8.4% 9.9% Median Age 31.6 32.3 Population by Gender (2000) Tarrant County Texas Female 50.2% 50.2% Male 49.8% 49.8%® Population by Race (2005) Tarrant County Texas White (a) 79.8%® Black or African American (a) 13.8% 11.7% American Indian and Alaska Native (a) 0.7% 03% Asian (a) 4.2% i3.3% Native Hawaiian and Other Pacific Islander (a) 0.2% 0.1% More than One Race 1.5% 1.1% Hispanic or Latino origin (b) 23.9% 35,1% White, not of Hispanic/Latino origin 56.8% :49.2% (a) Includes persons reporting only one race. (b) Hispanics may be of any race, so also are included in applicable race categories, Other Population Data (2000) Tarrant County Texas Living in same house (age 5+) 44.9% 49.6% Foreign born 12.7%® 13.9% Language other than English spoken at home (age 5+) 21.9% 31,2% High school graduates (age 25+) 81.3% 75.7% Bachelor's degree or higher (age 25+) 26.6% 23.2%© Persons with a disability (age 5+) 231,504 3,605,542 HOUSING & INCOME Housing Tarrant County Texas Housing units (2005) 639,226 .9,026,011 Homeownership rate (2000) 60.8%© 63.8%® Housing units in multi -unit structures (2000) 30.0% 24.2% Median value of owner -occupied housing units (2000) $90,300 $82,500 Households (2000) 533,864 7,393,354 Persons per household (2000) .2.67 2.74 Page 37 Median Home Price (September 2000) $103,600 Texas Income Tarrant Countx Texas .Median household money income (2 004) $48,805 $41,645 Median household income (March 2000) $57,400 $39,927 Per capita money income (1999) $22,548 $195617 Persons below poverty (2004) 12.8% 16.2% Facts BUSINESS Texas Non -Farm (2004) Tarrant County Texas Private nonfarm establishments 35,314 491,092 Private nonfarm employment 639,842 8,118,483 Private employment, change 2000-2004 -0.2% L1% Other Tarrant County Texas Nonemployer establishments (2004) .109,114 1,581,734 Manufacturers shipments (2002 - $1000) :30,364,963 310,815,965 Retail sales (2002 - $1000) 17,906,814 228,694,755 Retail sales per capita (2002) $11,741 $10,528 Minority-owned firms (1997) 20A% 29.0% Women -owned firms (2002) 28.4% 27.0% GEOGRAPHY Land (2000) Tarrant County Texas Land area (square miles) 863 261,797 Lakes 100,000 Acres Not Available Golf Courses 20 Not Available WMEM Temperature Tarrant County Texas Winter 65°F Not Available Summer .75 - 95°F Not Available, Weather Tarrant County Texas Annual Rainfall 31.5 inches Not Available GOVERNMENT Facts Tarrant County Texas Established 1849 Not Available .County Seat Tort Worth Not Available. Page 3 8 Number of Employees 4,127 Authorized Positions Not Available Budget $275 million Not Available' Property Tax Rate A274785per $100 evaluation Not Available Source: US Census Bureau State & County QuickFart Fort Worth Panther Major Employers Lockheed Martin Corp. 16,800 AMR Corp 14,608 Fort Worth ISD 10,366 Arlington ISD 7,831 Texas Health Resources 7,422 D.R. Horton 51.770 City of Fort Worth 5,606 Bell Helicopter 4,900 SBC 4,443 Tarrant County 4,213 Cook Children's Health Care System* 3,700 JP Morgan Chase 3,632 UTA 3,608 RadioShack 3,337 Burlington Northern Santa Fe 3,200 JPS Health Network 2.813 Alcon 2,800! Birds-itle ISD 2,703' Plaza Medical Center of Fort Worth 2,543 (HCA) Page 39 Information compiled from the 2005 Fort Worth Business Press Book of Lists. *Corrected by employer Lockheed Martin Fighter Planes Page 40 M110MM41100 EF e1 Th "MI � 1=4 1 11 The subject property's general neighborhood is the Highway 114 corridor, which traverses Tarrant County in a southeast—northwest direction. The referenced off -premise outdoor advertising sign is located on the west side of Highway 114, south of Southlake, on the west sector of the City of Grapevine, and northwest of the Dallas/Fort Worth International Airport (DFW). Illuminated Panel No. 02-2042, which faces north, is a right-hand read bulletin with excellent visibility to southbound traffic on Highway 114 leaving Southlake, heading toward DFW Airport and Highway 121 to Fort Worth. Illuminated Panel No. 02-2043, which faces south, is a cross -read bulletin also with excellent visibility to northbound traffic on Highway 114 heading from DFW Airport to the Southlake, Trophy Club and Westlake areas, This portion of Tarrant County has been developed with high-income households, major retail and upscale shopping and entertainment venues. As previously stated, the Highest and Best Use of the portion of the subject leased industrial site is for an off -,premise outdoor advertising sign, the improvement existing as of the date of taking. The referenced sign -site is located in Lot 1, Block 1, of Grapevine Regional Industrial Park (an industrially -zoned property), an addition to the City of Grapevine. As reported in the Photographic Data Sheets, the Daily Effective Circulation (DEC) at the site's location on Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas, is 84,780. Page 41 The land parcel (parent tract) upon which the subject off premise, outdoor advertising structure is located is described as follows (Exhibit 2): " : ..BEING a 19.051 acre tract of land in the Ambrose Foster Survey, Abstract No. 518, situated in the City of Grapevine, Tarrant Couni)4 Texas, and being all of Lot 1, Block 1, of Grapevine Regional Industrial Park, an addition to the City of Grapevine according to the plot thereof recorded in Cabinet A, Slide 1730, Plat Records, Tarrant County, Texas and being a portion of that tract conveyed to Marion Plaza Shopping Center., Inc. by deed recorded in Volume 10521, Page 948 of the Deed Records of Tarrant County, Texas and being more particularly described asfollows:.. . " The subject sign consists of back-to-back 141 x 48' illuminated bulletins, Panels No. 02-2042 S/F (Right Read) & 02-2043 N/F (Cross Read), Lease No. 29-2501 Land Company, Lessor, supported by a steel monopole, located on the west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas. As reported in the Photographic Data Sheets, the Daily Effective Circulation (DEC) at the site's location on Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas, is 84,780. Page 42 PHOTOGRAPHIC ATS SHEETS (Provided by CBS Outdoor, Inc.) Fags 43 i 1 i S NIM 11 w s. 11 I I 4 / IIS a � i I / r MI w i O) PJ I����rrr��1//�Jr////r//rU//OioUG%G/1r�/I�6////sir l�fD3 "'%//ii/✓I� i / Tal j/fo :r 1 a r, // e 1 of i i i i { I I I I i i' MAXIM 11110161 MAN IN Page 46 Several approaches are used to estimate the value of vacant land, as follows: 1. The Sales Comparison Approach: The land value is estimated by comparing sales of similar, recently sold property, to the subject. The sales are analyzed and adjustments are made for all major differences between the property sold and the property being appraised, such as location, date of sale, size and shape of site, access and visibility, etc. 2. The Abstraction Approach: The appraiser distributes the appraised value of the property between land and building, by subtracting a figure representing building value from the total appraised value of the improved property. Although an allocation of price, or value, between land and improvements can be used at times, the procedure has substantial limitations. 3. The Allocation Approach: The appraiser also allocates the appraised value of the property between land and building but, in this case, the allocation is performed on a ratio basis (utilizing percentage breakdowns from comparable locations), by subtracting a figure, representing the percentage contribution of buildings to total value, from total value of the improved property (100%). Although an allocation of price, or value, between land and improvements by statistical ratio can be useful at times, the procedure also has substantial limitations. 4. The Anticipated Use (nevelop�ment) Approach: Undeveloped land is assumed to be subdivided, developed, and sold. Development costs, incentive costs, and carrying charges are subtracted from the estimated proceeds from the sale. The net income projection is discounted over the estimated market absorption period for the site, to compute the Net Present Value of the subject land. 5. The Land Residual Approach: This approach presumes that property's income can be split between land and improvements, and that the residual to land can then be capitalized into value. The building is typically valued independently of the land, and the annual return on the building value (return on investment and provision for capital recapture) is deducted from the anticipated Net Operating Income to the property (land and building). The residual amount is said to be attributable to the land and is capitalized at the appropriate Risk (Discount) Rate to indicate the land value. For new structures, the value assigned to the building is cost, which assumes no accrued depreciation, and construction at proper current costs. If the improvements are reasonably new and subject to minimal depreciation, which can be satisfactorily estimated, the assigned value is the depreciated value as of the date of the appraisal. Page 47 For an old structure it is preferable to assume the construction cost and rental income for a hypothetical new and proper structure as the basis for estimating the net income attributable to the land. When enough data are available, the Sales Comparison Approach is considered the most accurate method of estimating value of vacant land. The Sales Comparison Approach involves direct comparisons of the property being appraised to similar properties recently sold in the subject's market. Comparisons are based on the sale price per square foot of land area. Carefully verified and analyzed market data are good evidence of value when they represent typical actions and reactions of buyers, sellers, users, and investors. The Sales Comparison Approach, like the Cost Approach, is based on the Principle of Substitution. The implication in this approach is that a prudent purchaser will not pay more to buy a property than it will cost to buy a comparable substitute property. The price a typical purchaser pays is usually the result of an extensive search process in which available alternatives are compared. The property purchased, typically, represents the best available balance between the buyer's specifications and the purchase price. Although individual sales may deviate from a market norm, a sufficient number tends to produce a pattern indicating the action of typical buyers and sellers in the market. When information about a sufficient number of similar property sales made in the current market is available, the resulting pattern provides a good indication of Market Value. The subject property consists of back-to-back 14' x 481 illuminated bulletins, Panels No. 02-2042 S/F (Right Read) & O2-2043 N/F (Cross Read), Lease No. 29-2501 Land Company, Lessor, supported by a steel monopole, located on the west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas. The referenced billboard was constructed on leased land. In appraising outdoor advertising structures the land is typically appraised separately from the site (see "APPRAISAL CONSIDERATIONS PECULLkR TO OUTDOOR ADVERTISING"). Consequently, the appraiser concluded that the Market Value of the site, as of its date of taking, is only relevant to the subject's Market Value from the Cost Approach as it relates to its leasehold benefit or disbenefit (leasehold bonus ----capitalization of the difference between Market Rent and Contract Rent). Page 48 The Cost Approach is one of the three approaches used in the valuation process. Underlying the theory of the Cost Approach is the Principle of Substitution which states that no prudent purchaser will pay more for a property than the amount for which he/she can purchase a site and construct an improvement of equal desirability and utility. Consequently, Reproduction Cost New, prior to any deduction for accrued depreciation, plus land value, tends to set the upper limit of value. Reproduction Cost New can be accurately estimated by utilizing national publications such as the Marshall Swift Valuation Service. In addition to indications presented in this publication, the appraiser analyzed recent cost data on file in his office. For the Cost Approach to generate a valid indication of Market Value, one that may be reconciled with the value indications from the other two approaches, it is necessary to deduct accrued depreciation due to all causes --physical, functional, and external. The Cost Approach is particularly valuable when used as an analysis technique to recognize the effect of the components of depreciation on a property, and to provide a basis for proceeding with the other two approaches to value. Essentially, the Cost Approach provides for an estimate of the depreciated Reproduction or Replacement Cost New of the improvements. The estimated land value is added to this amount [for the subject outdoor advertising structure located on [eased premises, the land value is not added. However, the leasehold benefit or disbenefit (leasehold bonus), capitalization of the difference between Market Rent and Contract Rent, is added]. The basic steps of the Cost Approach are the following: 1) Estimate the cost to reproduce (or replace) the improvements, new, including hard costs (construction materials, etc.), soft costs (architecture, engineering, construction interest, appraisal, etc.), and the costs during rent up. 2) Estimate depreciation, in terms of dollars, due to: a. Physical Deterioration b. Functional Obsolescence c. External Obsolescence 3) Deduct the total amount of accrued depreciation from reproduction (or replacement) cost new to derive the present depreciated cost of the main improvements. 4) By the same or similar procedure, estimate the present depreciated cost of other improvements (minor structures or site improvements that were not previously included). 5) Add the depreciated cost of main and other improvements to the estimated land value to arrive at a value indication by the Cost Approach. Page 49 The depreciation estimates in the Cost Approach are divided into three categories -- Physical Depreciation, Functional Obsolescence, and External Obsolescence. Phisical Depreciation can be divided into two more categories - Curable and Incurable Physical Depreciation. Curable Physical Depreciation includes those items, which are economically feasible to cure, and, hence, customarily repaired or replaced by a prudent property owner. Incurable Ph sical Depreciation includes elements of physical deterioration, which either cannot be corrected or, if possible to correct, cannot be corrected except at a cost in excess of their contribution to the value of the property. Functional Obsolescence is the measure of the inadequacy of a structure to perform the task for which it was built. Functional Obsolescence can also be divided into the categories of Curable and Incurable. Curable Functional Obsolescence is the portion of the subject that inhibits it from performing the task for which it was constructed and can be feasibly corrected. Incurable Functional Obsolescence is the portion of the subject that inhibits it from performing the task for which it was constructed that would cost more to correct than the value added to the property from the correction. External Obsoleseence is the depreciation a property suffers from external sources. This can be due to economic factors in the area (poor economic standing of the city or state), or to locational factors [dramatic drop in Daily Effective Circulation (DEQ. Economic External Obsolescence is defined as a market -wide impact which tends to affect income -investment property -such as outdoor advertising structure -more noticeably and measurably than does residential property. Changes in the area's economy, changes in the environment of government regulation (such as the Tax Reform Act of 1986), changes in product demand or process for specialized production facilities, money market changes, etc., all represent elements of Economic Obsolescence. Locational External Obsolescence is defined as that loss in value experienced by a structure as a result of negative environmental forces outside the boundaries of the property. Page 50 The appraiser estimated the reproduction cost new of the subject billboard structure from information in the appraiser's files; CBS Outdoor, Inc. verified the appraiser's estimate. As previously stated, the property being appraised consist of back-to-back 141 x 481 illuminated bulletins, Panels No. 02-2042 Silo" (Right Read) & 02-2043 N/F (Cross Read), Lease No. 29- 2501 Land Company, Lessor, supported by a steel monopole, located on the west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas. The appraiser's instructions from the client are to appraise the billboard as though it cannot be relocated. Consequently, the appraiser concluded that its reproduction cost new is the applicable measure for the estimation of its market value from the Cost Approach: Page 51 A. REPRODUCTION COST NEW: [Back-to-back 141 x 481 illuminated bulletins, Panels No. 02-2042 S/F (Right Read) & 02-2043 N/F (Cross Read), Lease No. 29- 2501 Land Company, Lessor, supported by a steel monopole, located on the west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas]: Construction Cost (labor & materials): Excavation.................................................................................................. .............. $ 1,100 Structure (Delivered): ............ .............................................. .................................... 1 49,100 Two(2) 14' x 48' Faces....- � .................................................................................... 3,000 LightFixtures. .................................................................... ............. ..... __ ........... 2,800 LightControl Panel ............................................................. .................................... 160 ElectricalLabor .................................................................... .................................... 2,600 Accessto Power .............. _ ................................................. ............................. ....... 1,270 SteelAprons ......................................... ........ ............ ..................................... ....... 6�40 Concrete.................................................. ....................... __ .......... ............... ....... 530 CraneRental ....................... .................................. .......... ................................ ........ 480 Installation......................................................... ............ ___ ....................... __ ..... 18,000 Total Construction Cost (labor & materials)......,.., ...................................$79';680 Site Procurement Cost: The procurement of outdoor advertising sites is, obviously, critical to the industry. Much time and energy are spent in identifying an appropriate location and, once a site is found, the individual in charge of leasing must check property titles, zoning ordinances, and negotiate the lease agreement with the landowner. Ruppert (1) has found that lease procurement costs, on a per face basis, have ranged from over $1,000 to $5,000. Because the subject has two (2) bulletin faces and is located on the west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas, a very valuable site, the appraiser concluded that a fair estimate of the cost of site procurement is $5,000 per face, a total of ............................................................... jig '000 Total Direct Costs (construction & site procurement) ............................$89,680 Indirect Costs: Overhead items include: 1) Checking legal constraints, building codes, etc.; 2) verifying approach, sign height and directional angle; 3) preparing site plan and structural preliminaries; 4) preparing full set of plans and specifications, and obtaining permits and approvals, etc. Construction period interest and interest accrued during rent up are also part of indirect costs. Because of the lower direct material and labor costs of outdoor advertising structures, Ruppert (1) has determined that, in the outdoor advertising industry, overhead items range from 35% to 50% of total construction cost (labor & materials). The appraiser concluded that 40% of total labor & materials cost is an adequate estimate for the subject. Consequently, indirect costs are (40% of labor & materialscost) ................................ ........................................................................... 31 872 Total Direct & Indirect Costs ................................................................... $121,552 (1) R. J. Ruppert, CCRA, SRA, Ruppert & Ruppert Associates, Inc, Real Estate Appraisers and Consultants, Suite 333, 4930 West 77th Street, Minneapolis, Minnesota 55435, phone: (612) 835-5137 Page 52 Construction Profit: This item, also known as entrepreneurial profit, ranges in the construction industry from 10% to 20% of direct materials and labor, plus indirect costs such as site acquisition and overhead. The appraiser concluded that 15% entrepreneurial profit is adequate for the subject. The 15% factor is to be applied to direct and indirect costs............................................................................................................................ $18,233 TOTAL REPRODUCTION COST NEW ....................................................................... S139,785 B. DEPRECIATION: As stated previously, depreciation estimates in the Cost Approach are divided into three categories -- Physical Depreciation, Functional Obsolescence, and External Obsolescence. Physical Depreciation can be divided into two more categories - Curable Physical Depreciation includes those items, which are economically feasible to cure, and, hence, customarily repaired or replaced by a prudent property owner. Outdoor advertising structures are generally well maintained and none or very little deferred maintenance is ever allowed to build up. The standards of the industry are such that the advertisers (clients) demand adequate attention to this item by the outdoor advertising company. Therefore, the appraiser made no allowance for curable physical depreciation. Incurable Physical Dellreciation includes elements of physical deterioration, which either cannot be corrected or, if possible to correct, cannot be corrected except at a cost in excess of their contribution to the value of the property. The wasting components in outdoor advertising structures, which cannot be corrected by the advertising company, are typically not significant when compared to the substructure and the structure of the sign, which are long lived. The wasting components are items such as wood platforms, wood rails, etc. The appraiser made a 20% allowance for this item. Therefore, the incurable physical depreciation estimate is $27,957. Functional Obsolescence is the measure of the inadequacy of a structure to perform the task for which it was built. Functional Obsolescence can also be divided into the categories of Curable and Incurable. When obsolescence develops in outdoor advertising structures, industry standards demand immediate attention to correct the causes. Sometimes the problem can be corrected by, for example, increasing sign height to make it visible over a new nearby building, or by changing the direction of facing after a one- way street has been re-routed. In general, when any significant amount of obsolescence has taken place, the problem is corrected when the sign is taken down. Consequently, the signs that remain standing show very little, if any, obsolescence at any point in time, and no deduction was made for this item. Page 53 Curable Functional Obsolescence is the portion of the subject that inhibits it from performing the task for which it was constructed and can be feasibly corrected, No allowance for curable functional obsolescence was made. Incurable Functional Obsolescence is the portion of the subject that inhibits it from performing the task for which it was constructed that would cost more to correct than the value added to the property from the correction. No allowance for incurable functional obsolescence was made. External Obsolescence is the depreciation a property suffers from external sources. This can be due to economic factors in the area (poor economic standing of the city or state), or to locational factors [dramatic drop in Daily Effective Circulation (DEC) or in Daily Traffic Count (ITC)]. Economic External Obsolescence. No allowance was made for economic external obsolescence. Locational External Obsolescence. No allowance was made for locational external obsolescence. For the Cost Approach, the appraiser estimated Reproduction Cost New (direct costs, indirect costs, and construction or entrepreneurial profit). Total Reproduction Cost New, excluding land value, was estimated at $139,785. The appraiser estimated the sign to have accrued $27,957 of depreciation. Therefore, the depreciated Reproduction Cost of the sign computes to $139,785 - $27,957 = $111,828, rounded to $111,8,00. To this figure of depreciated reproduction cost, the appraiser would algebraically add the corresponding leasehold benefit or disbenefit (leasehold bonus), i.e., the capitalized difference between the land lease's Market Rent and Contract Rent. The subject site was leased as follows: On July 1, 1996, Reynolds Outdoor, Inc., a CBS Outdoor, Inc. predecessor company (LESEE— Tenant), executed a LEASE AGREEMENT and ADDENDUM (Lease No. 29), with 2501 Land Company, P.O. Box 835610, Richardson, Texas 75083 (LESSOR—Landlord), as successor in interest to Adams 11 Joint Venture and Marion Plaza Shopping Center, Inc. The salient points of the agreement are given below: 94I Landlord hereby leases to Tenant that certain tract of land located in Tarrant County, Texas, and more particularly described on Exhibit "A " attached hereto ,and incorporated herein for all purposes (hereinafter referred to as the "Property'), for the purpose of maintaining advertising structures, including necessary related devices and connections (hereinafter referred to collectively as "Billboard'). Page 54 ('2, The term of"this lease shall commence effectively on July 1, 1996, and shall continue for a term of ninety-nine (99) years (the "term ")..wring the Term, Tenant shall not have the right to cancel this Lease .agreement, except as provided in Paragraph 6 below. "Landlord shall have the option to purchase the :billboard, from Tenant for $5, 000. 00, with such option exercisable at the end of the lease tem. Tenant shall be rewired to remove any Billboard upon Landlord's request at any time after the Lease has terminated in the event .Landlord has not previously exercised its purchase option. 4$3. Tenant shall pay Landlordmonthly rental payments equal to the greater of 0 ,$750.00 or (ii) 30% of Gross Revenues, as hereafter defined... Gross revenues shall be defined as the advertising revenues received by Tenants provided, however that the revenue for the speck billboard located on the Highway 114 access road (see exhibit "A') shall not be calculated as an average or bulk amount resulting from multiple board transactions such as Tenant having several billboards leased to one customer, if the result of such averaging is less than the market rate. Tenant will provide to Landlord upon request copies of any and all advertising contracts applicable to the Billboard, " NOTE: Ground -lease rents for off -premise outdoor advertising bulletin structures in large metropolitan areas, such as Dallas/Fort Worth, range from 15% to 30%, of Effective Net Revenue (net of vacancy and rent loss and agency commissions). As of November 30, 2010, the date of taking, the referenced land -lease annual rent was 30% of the subject's $255,000 estimated Annual Effective Net Revenue (see Income Approach), or $255,000 x 0.30 = $76,500, which exceeds the base rent of $750.00 per month, or $9,000 per year. For CBS Outdoor of Dallas, Texas, which manages the subject sign, the statement of operations for the twelve-month period ending December 31, 2010 shows average lease cost of 21% of Advertising Sales in 2010 and 28% in 2009, averaging 24.5% (see the Income Approach section of this report). The appraiser concluded that the subject's contract rent is approximately at market and that, consequently, the referenced ground lease has no bonus value no leasehold advantage). Therefore, the estimate of Market Value of the subject billboard structure from the Cost Approach is, Depreciated Reproduction Cost of Billboard Structure, Rounded..........................$111,8110 Leasehold Bonus enefit}..................................... .......... ....................................... -0- DEPRECIATED REPRODUCTION COST....................................................$11.1,800 ( � M Page 55 F1 M1 4 14MIUM-11 "JAI WII MS MUM A 11 The Income Approach is the procedure in appraisal analysis, which converts, anticipated benefits (dollar income or amenities) to be derived from the ownership of property into a value estimate. In the Income Approach to Value, the gross annual income attributable to the subject property is estimated. From this amount, all applicable expenses (including a reasonable amount for vacancy and credit loss) are deducted. The anticipated future net operating income and reversion are then discounted to present worth at the overall capitalization rate. This approach is dependent upon the following: a) An accurate statement of economic rents; b) the deduction of all applicable expenses; C) conversion of net income into value by a proper capitalization rate. The driving motivation for investing in income producing property, such as outdoor advertising, is to, attain an acceptable return on investment, Therefore, the Income Approach is applicable to the valuation of individual signs or to an entire plant (group of signs). The subject property consists of back -to, -back 141 x 481 illuminated bulletins, Panels, No. 02- 2042 S/F (Right Read) & 02-2043 N/F (Cross Read), Lease No. 29-2501 Land Company, Lessor, supported by a steel monopole, located on the west side of Highway 114, south of Southlake, City of Grapevine, Tarrant County, Texas. CBS Outdoor, Inc. provided the appraiser with copies of its "Rent Calculation Form" and Rent – Panel Revenue History Report, Dallas/Ft. Worth" (Exhibit 3) with supporting "Advertising Agreements" kept in the appraiser's files, for the twenty-four month period covering February 2009 through January 2011. The revenue is summarized below: PANEL SIZE BEGINNING DATE ENDING DATE EFFECTIVE NET REVENUE 0'2-2042 14' x 481 02/2009 01/2010 $80,06140 02-2042 02-2043 14'x 48' 14' x 48' 02/2010 02/2009 02/2009 01/2011 01/2011 01/2010 $136,875.00 $216,938-40 $86,692.86 02/2010 01/2011 $117,428,59 02-2043 14'x 48' 02/2009 01/2011 $204,121,45 02-2,0 2-2043 14' x 48' 0212009 0112011 $421,059M Page 56 For Panel No. 02-2042, the Effective Net Annual Revenue (net of vacancies and rent loss and agency commissions) was $80,063.40 for the twelve-month period cove -ring February 2009 through January 2010, and $136,875.00 for the twelve-month period covering February 2010 through January 2011, a 70.96% increase from the previous twelve -months. This revenue growth indicates that the referenced panel has extremely appealing location, orientation and visibility for which the advertisers are willing to pay increasingly higher rent. The appraiser concluded that Effective Net Annual Revenue (Effective Net Annual Rent) of $137,000 (a very conservative estimate which does not account for future revenue growth) is indicated for the subject 14' x 48' illuminated bulletin and supported by the market. For Panel No. 02-2043, the Effective Net Annual Revenue (net of vacancies and rent loss and agency commissions) was $86,692.86 for the twelve-month period covering February 2009 through January 2010, and $117,428.59 for the twelve-month period covering February 2010 through January 2011, a 35.45% increase from the previous twelve -months. As for the previous panel, this revenue growth indicates that the referenced panel has extremely appealing location, orientation and visibility for which the advertisers are willing to pay increasingly higher rent. The appraiser concluded that Effective Net Annual Revenue (Effective Net Annual Rent) of 18,000 (a very conservative estimate which does not account for future revenue growth) is indicated for the subject 141 x 481 illuminated bulletin and supported by the market. For both �faces,,Panels No. 02-2042 & 02-2043, the combined Annual Effective Net Revenue (net of agcommission and vacancy & rent loss) is estimated to be $137,000 + $118,000 =: $255,0 00. ency Page 57 The appraiser analyzed the subject's rent history and operating expenses for CBS Outdoor's Dallas plant, to estimate the subject's Net Operating Income (NOI) at stabilized occupancy. The Net Operating Income was then capitalized at a market rate to compute the referenced billboard's Market Value from this approach. The: "CBS OUTDOOR ACT PEBITDA/OI DETAIL YTD" for CBS Outdoor of Dallas, which manages the subject billboard structure, for the twelve-month period ending December 31, 2010, which also shows the results for 2009 (Exhibit 4), is summarized in the table below. CBS OUTDOOR OF DALLAS, TEXAS OUTDOOR ACT PEBITDAJOI DETAIL YTD TWELVE MONTHS ENDING DECEMBER 31, 2010 1 20,10 YEAR TO DATE % 2009 YEAR TO DATE 11; W111 11F11,liil4,1 1W fall" % REVENUE: $27,265,471 100% $23,214,048 100% EXPENSES: TOTAL TRANSIT & BILLBOARD LEASE COSTS $5,757,115 21% $6,602,365 28% TOTAL OTHER DIRECT COSTS $2,314,042 8% $2,709,413 12% TOTAL DIRECT COSTS $8,071,157 3,0% $9,311,778 40% TOTAL SALARIES $898,913 3% $873,955 4% BONUS -REGULAR $162,245 1% $55,9,61 0% BONUS -STIP 0% 0% TOTAL COMPENSATION $1,061,158 4% $929,916 4% TOTAL EMPLOYEE BENEFITS $333,746 1% $353,513 2% TOTAL SALES VARIABLE $1,235,558 5% $1,140,618 5% TOTAL G&A $1,058,662 4% $1,052,754 5% TOTAL SALES AND G&A $3,689,124 14% $3,476,801 15% TOTAL EXPENSES $11, 3% $12,788,579 55% SENIOR, MO®RE INS MEMO" NET OPERATING INCOME (NOI/EBITDA) $15,505,190 57% $10,425,469 45% The table reflects that, for the CBS Outdoor of Dallas plant, Net Operating Income (NOI), i.e., Earnings Before Taxes, Interest, Depreciation and Amortization (EBITDA), was 45% of advertising revenue in 2009 and 57% in 2010, averaging 51%. Because the lease costs were 28% of advertising revenue in 20:09 and 21% in 2010, respectively, averaging 24.5%, below the subject lease cost of 30% of advertising revenue, the appraiser concluded that the market for the referenced bulletins supports NOI of 51% - (30% - 24.5%) = 45.5% of advertising revenue, rounded to 46%. Therefore, applying this adjustment to the annual Effective Gross Income generated by the referenced billboard structure, its Net Operating Income (NOI) computes to: $255,000 x 0.46 = $117,3001. Page 58 The Net Operating Income (NOI) was capitalized at a market rate to compute the subject's Market Value from this approach. NOTE: The Operating Expense figures exclude debt service, depreciation, capital expenditures, income tax allowance, etc., but include land lease expense, office maintenance, equipment maintenance, salaries, management costs, supervision costs, taxes, utilities, agency commissions, etc. Page 59 W"Wigm."g M"'. Vaggs"g.-wit The Capitalization Rate is the sum of a Discount Rate and a Capital Recapture Rate. It is a rate, which represents the relationship between future income and value. There are five recognized methods for deriving a Capitalization Rate: 1. Derivation from comparable sales, 2. Band of investment, mortgage and equity components, 3. Band of investment, land and building components, 4. Derivation from effective gross income multipliers, and 5. The debt coverage formula. Band of Investment- ffip2nents: Because most property are purchased with debt and equity capital, the return on the investment component of the overall capitalization rate must satisfy the market return requirements of each investment position. Lenders must anticipate receiving a competitive interest rate commensurate with the perceived risk or they will not make funds available. Similarly, equity investors must anticipate receiving a competitive equity yield commensurate with the perceived risk or they will divert their investment funds elsewhere. Therefore, the Overall Rate must satisfy both the Mortgage Constant requirement of the tender and the equity dividend requirement of the equity investor. To "build"' this composite rate, the appraiser must first multiply the percentage of the purchase price that will be financed (typically 70% to 80%) times the Mortgage Constant (a function of the interest rate, the frequency of amortization, and the term of the loan),. Loan terms can be obtained by contacting loan officers at various lending institutions and requesting quotes for commercial property with the features of the subject property. This information can also be obtained from national publications. After analyzing several sources, the appraiser concluded that an investor in the subject property could reasonably expect to obtain a loan of 70% of the purchase price, with an interest rate ranging from 6.00% to 7.00% and an amortization period of twenty (20) to twenty -five -five (25) years (monthly payments of principal and interest). The rate, term, and amortization frequency compute to debt service constants, as follows: Rat".00%; Amortization Term -25 Years; Debt Service Constant = 7.73% Rate --7.00%; Amortization Term -25 Years; Debt Service Constant = 8.48% Rate .00%; Amortization Term --20 Years; Debt Service Constant = 8.60% Rate -7.00%; Amortization Term -20 Years; Debt Service Constant = 9.30% The Debt Service Constants range from 7.73% to 9.30%, with an average of 8.53%. The appraiser concluded that an 8.50% Debt Service Constant is appropriate for the subject and supported by the market., �- I The investor would be expected to satisfy the 30% difference between the loan amount and the purchase price. The return (or Equity Dividend Rate) that investors expect to receive on this cash investment is very difficult to obtain from the market. A prudent real estate investor would analyze other forms of investment, i.e., treasury bills, bonds, certificates of deposit, etc., for annual yields. The "Bonds, Rates & Yields", as quoted in the Wall Street Journal of November 30, 2010, the date, of taking, summarize many of the Market Rates and Bond Yields (Exhibit 5). Some of these are: Federal -funds rate target: 52 -Week High -0.00%, Low -0.00% Prime rate: 52 -,Week High -3.25%, Low -3.25% 10 -yr Treasury: 52 -Week High -3.996%, Low -2.382% DJ Corporate: 52 -Week High -4.487%, Low -3.315% 30�-year mortgage:, fixed: 52 -Week High -5.51%, Low -4.32% 15 -year mortgage, fixed: 52 -Week High -4.83%, Low -3.71% Jumbo mortgages, $417,000 -plus: 52 -Week High -6.33%, Low -532% Based on research and analysis, the appraiser concluded that an investor in the subject property would expect an Equity Dividend Return of 6.50%. Calculations are as follows,: 0.70 loan times 0,08,50 (mortgage constant) 0.0595 030 equity times 0.0650 (equity return) 0.0195 Estimated Overall Rate 0.0790 Or 7.90% Extraction from the Market: Sales of individual billboards are limited, especially within Tarrant County, Texas (Fort Worth, for example, has a moratorium prohibiting new off -premise outdoor advertising billboard construction and/or relocation). Two (2) transactions involving signs situated within the city limits of Fort Worth were provided by courtesy of Eller Media— now Clear Channel Outdoor --(these are Eller Media transactions). Two (2) additional transactions were identified by the appraiser and provided herein with permission from Lamar Advertising Company (both are Lamar purchases). These four (4) sales are summarized in the table given below. From these transactions an overall capitalization rate can be gleaned by dividing the estimated Net Operating Income (NOI) by the purchase price. The appraiser estimated the N01 for each comparable sale to be approximately 51% of the "Trailing 12 - Months Billing" before adjustment. This estimate is consistent with the financial information for the twelve-month period ending on December 31, 2010 provided by CBS, Outdoor of Dallas, Texas (see Income Approach). The results are summarized below. Page 61 SALE N,G SELLER DATE PURCHASE PRICE LOCATION ESTI!IIATEti NE,T OPERATING OVERALL CAPITALIZATION INCOME (NO() $�,1�0 RATE 3.31% 1 JoseThine Garrett 07/25/00 $185,000 CamWisdom &Clark. rusk, et al Ave, Fort Worth, TX 2 Dave and Mildred 11/16/98 $150,000 Southwest Loop 820 & James $6,120 4.08%Kllmist, ct al Ave, Fort Worth, TX 3 Summit Tile & 08/10/05 $250,000 ($'65,000 38'00 W. vuckc Fort Worth, 1X $20,856 8.3a% Granite,lnc. Ease Ment) (Actual) a Providence Ileal Estate Holding 05/17/05 $1,080,000 ($209000 non-- Counties of Erath, Hood $77,465 7.17% Group conn etition) Johnson, Parker (Actual) 0B .Somervell & Wise, TX To the west & south of Dallas I TOTAL/ $1,665,000 $110,561 L 6.64% AVERAGE .... ..... ... As further support, the appraiser lists below four (4) transactions involving signs located in Harris County and Montgomery County, Texas, which. Were provided through the courtesy of Clear Channel Outdoor and Lamar Advertising Company. As before, an Overall Capitalization Rate (Call Rate) can be gleaned by dividing the estimated Net Operating Income (N01) by the purchase price and, also as before, the appraiser estimated the N01 for each comparable sale to be approximately 1% of its "Annualized Effective Gross Income" before adjustment. The additional results are summarized below. Mage 62 SALE SELLER [TATE PURCILkSE LOCATION ANNUALIZED ESTIMATED OVERALL NO. PRICE IrFFECT14'E NET CAP, RATE GROSS OPERATING ENCOME .LESS INCOME AGENCY. COMMIISIONS, 5 Melba Childs 08/16/00 $1,276,600 Harris $172,500 $87,975 6.89% I'Mliaddison (Note 1) County, TX Family Trust I i 6 O.D.W.L.C.C.-3, 01/'04/01 $825,000 Houston, TX $72,000 $43,200 5.24% INC. (CHARLES L. (Actual) C AUTHRON Katy 7 Action Outdoor 08/14/01 $550,000 Freeway $71,033 $36,227 6.59%m Sign Company Harris County, TX 8 Pearce Outdoor 11/15/06 $3,805,000 Montgomery $528,283 $3'61,684 9.51%® Misplay (Net of Non- County, TX (Actual) Competition) TOTAL/ $6,456,60'0 $843,816 $529,086 8.19°10 AVERAGE Note 1: Sale No. 5 is the purchase of Lo'catio'ns No. 001199 & 009201, 20' x 60' back-to-back illuminated bulletins, Panels No. 1199 FW & 9201 FE, can an 80' steel monopole, at 1-10 Katy Freeway, 1.50' E/o l-0rostwood,'S/S, including laud, by Eller Media (predecessor of Clear Channel outdoor). The land consists of 0.0413 acres (1,800 square feet)'. The appraiser estimated the market value of the referenced land parcel by capitalizing 15% of the current Annual Effective Net Revenue (Annual Effective Net Kent) attributable to the sub'j'ect two (2) 20' x 60' illuminated bulletins, or approximately $172,500, by the 'overall capitalization rate of 8.00%, resulting in land value of ($172,500 x 0.15),/0.080 = $323,438, rounded to $323,400. Therefore, the portion of the purchase price attributable to the billboard structure is $1,276,600, c'omp'uted by 'subtracting from the total purchase price of $1,600,000 the $323,400 estimated market value of the land parcel. The overall Capitalization bates listed in the tables given above range from 3.31% to 9.51%, with averages of 6.64% (Fort Worth & Counties of Erath, Hood, Johnson, :parker, Somervell & Wise, TX, west and south ofDallas/Tarrant Counties) to 8.19"/ (Harris County & Montgomery County transactions)—Total N01 divided by Total Purchase Price—a narrow range. These sales closed In 1998, 2000, 2001, 2005 and 2006 (the most recent)'. The appraiser was unable to secure post 2006 sales in the Dallas/Fort Worth market or comparable trade areas in Texas. The off -premise billboard market intensified and became extremely active from 1998.through the present, With national and regional outdoor advertising companies such as Clear Channel outdoor, 'Viacom (now CBS outdoor), Lamar and Adams outdoor competing for and bidding pp the prices of existing locations. Consequently the majority of the listed transactions yield conservative results for comparison purposes. Page 63 The preceding computational approaches yielded average capitalization rates ranging from 6.64% (Fort Worth & Counties of Erath, Hood, Johnson, Parker, Somervell & Wise, TX), to 7.90% (Band of Investment method), to 8.19% (Harris County & Montgomery County, 'TX). Because of the excellent location of the subject off -premise sign on Highway 114 in Tarrant County, the appraiser concluded that a 6.75% Overall Capitalization Rate is applicable to the referenced sign structure and is supported by the market. Capitalization is the procedure of expressing future benefits in dollars, and processing them into a present worth value at a rate that attracts purchase capital for similar investments. This process involves dividing the net annual operating income by the estimated capitalization rate. For the subject, the Net Operating Income of $117,300 divided by the Overall Capitalization Rate of 6.75%, results in a Capitalized Income Value of $1,737,778, rounded to $x,737,800® i-Mmimill The Sales Comparison Approach involves direct comparisons of the property being appraised to similar property that have sold recently. Carefully verified and analyzed market data are good evidence of value when they represent typical actions and reactions of buyers, sellers, users, and investors. The Sales Comparison Approach, like the Cost Approach, is based on the Principle of Substitution. The implication in this approach is that a prudent purchaser would not pay more to buy a property than it would cost to buy a comparable substitute property. The price a typical purchaser pays is usually the result of an extensive search process in which available alternatives are compared. The property purchased typically represents the best available balance between the buyer's specifications and the purchase price. Although individual sales may deviate from a market norm, a sufficient number tends to produce a pattern indicating the action of typical buyers and sellers in the market. When information about a sufficient number of similar property sales made in the current market is available, the resulting pattern provides a good indication of Market Value. After the appraiser has obtained and verified sufficient data on sales of comparable property and inspected them, the comparables must be compared to the subject property and adjusted for differences. Adjustments are usually made on a price per unit basis (price per square foot,, price per face, price per room, price per bed, etc.). As previously stated, sales of individual billboards are limited, especially within Tarrant County, Texas (Fort Worth, for example, has a moratorium prohibiting new off -premise outdoor advertising billboard construction and/or relocation). Two (2) transactions involving signs situated within the city limits of Fort Worth were provided by courtesy of Eller Media now Clear Channel Outdoor ---(these are Eller Media transactions). Two (2) additional transactions were identified by the appraiser, and provided herein with permission from Lamar Advertising Company (both are Lamar purchases). These four (4) sales are summarized in the table given below. From these transactions a Gross Rent Multiplier can be gleaned by dividing the sales price by the "Trailing 12 -Months Billing". The results are summarized in, the table given below. Page 65 SALE SELLER DATE PURCHASE LOCATIONTR iI.I1+dC� IS- OROS RENT l*�O. PRICE Nii7hI'HS MULTIPLIER BILLING (GWM, ) 1 Josepphine Garrett 07/25100 $185,000 Camp Wisdom Blvd & Clark $12,000 15.42 Trust, et al Ave, Fort Worth TX 2 Dave and Mildred Khmist, et al 11/16/48 5150,000 Southwest Looe 820 &,lames i $12 dad 9 12.50 Ave, fort Worth, Tx 3 Summit Tile & 08/10!05 $250,000 3800 W. Vicke $22,176 11,.27 Granite, Inc.($65;000 Fort Worth, 7 C Easement) 2D 4 Providence Real Estate Holding 05117/05 $1,080,000 ($20,000 non- Counties of Erath, Hood $1.65,41.5 6.51 Group cometition) 90D Johnson, parker Somervell & W use, T?C "TOTAL/ $1,665,000 $212,091 7.85 AVERAGE As before, and as further support, the appraiser lists below four (4) transactions involving signs located in Harris County and Montgomery County, Texas, which were provided through the courtesy of dear Channel Outdoor and Lamar Advertising Company. The additional results are summarized below. Page 66 SALE, SELLER DATE P17RCHASE LOCATION ANNUALIZED ' NUMBER OF GROSS RENT NO, PRICE EFFECTIVE FACES MU,TNPLIER GROSS (C;RN"I) INCOME LESS AGENCY +CGl'vIl;�IISI+d!�'S 5 Melba Childs 0$116/00 $1,276,600 Harris $172,500 2 — 20' x 60' 7.40 Maddisou (Note 1) County, TX Family Trust ...., O.D.w.L.:C:.C.-3',, 6 INC. 01104/01 $825;000 Houston, TX 572,000 8 Bulletins 11.46 (CHARLES L. CAUTIIRO Katy 7 Action outdoor 08/14/01 $550,000 Freeway $71,033 2 — 14' x 48' 7.74 Sign Company Harris County, TX. 8 Pearce outdoor 11.115106 $3,805,000 Montgomery $528,283 30 — 14' x 48' 18 — 10' x 32' 7.20 Display (Net of Nor,_ County, TX 2 — 16, x 40 , Competition) Total 50 H TOTAL! $6,456,600 �... $:843,816 7.65 AVERAGE Note 1; Sale No. 5 is the purchase of Locations No. 001199 & 009201, 20' x 60' back-to-back illuminated bulletins, Pancis No. 1199 FW & 9201 FE, on an 80' steel monopole, at 1-1.0 Katy Freeway, 150' E/O Frostwood, S/S, including land by Eller Media (predecessor of Clear Channel Outdoor). The land consists of 0.0413 acres (1,800 square feet). The appraiser estimated the market value of the referenced land parcel by capitalizing 15% of the current Annual Effective Net Revenue (.Annual Effective Net Rent) attributable to the subject two (2) 20' x 60' illuminated bulletins, or approximately $172,500, by the overall capitalization rate of 8.00%, resulting in land value of ($172,500 x 0.15)00.11811 = $323,438, rounded to $323;400. Therefore, the portion of the purchase price attributable to the billboard structure is $1,276,600, computed by subtracting from the total purchase price of $1,600,000 the $323,400 estimated market value of the land parcel. The Gross Rent Multipliers ( s) listed in the tables given above range from 6.51 to 1.5.42, with averages of7.65 (Harris County & Montgomery County) to 7.85 (Fort Worth Counties of Erath, Hood, Johnson, Parker, Somervell & Wise, TX). These sales closed in 1998, 2000, 2001, 2005 and 2006 (the most recent)'. The appraiser was unable to secure post 2006 sales in the Dallas/Fort North market and comparable trade areas in Texas. The off- premise billboard market intensified and became extremely active from 1998 through the present, with national and regional outdoor advertising companies such as dear Channel Outdoor, Viacom (now CBS Outdoor), Lamar .and Adams Outdoor competing for and bidding up the prices of existing locations. Consequently, the majority of the listed transactions yield conservative results for comparison purposes. Because ofthe excellent location ofthe subject off-premise sign on Highway 114 in "Tarrant County, the appraiser concluded that a Page 67 10.50 Gross Rent Multiplier (GRM) is applicable to the subject sign structure and is, supported by the market. Because the 30% of Gross Revenue ground -rent exceeds, the 24.5% average lease cost experienced by CBS Outdoor of Dallas during 2009 and 2010 (see Income Approach), the appraiser adjusted the referenced GRM using the ratio of 46%,/51% developed in the Income Approach section of this report, as follows: Adjusted GRM = 46%/51'% x 10.50 = 9.47, rounded to 9.50 Computations are: M ZIFZ: 1� "1 11111 1111 111 J" WIFIEJ.UM, T, Ni I iFrI The Market Value estimates of the leasehold interest, i.e., the bonus value of lease, the sign structure and the sign permit, from the three (3) traditional approaches are: COSTAPPROACH: ........................................................................................................ $ 111,800 01COME APPROACH: ................................................................................................ $1,737,800 SALES COMTARISON APPROACH: ....................................................................... $2,422,500 The Cost Approach is based on national cost publications, data in the appraiser's files, and data provided by outdoor advertising companies. The appraiser analyzed carefully both "hard" and l"soft" costs and considered all forms, of depreciation. The Cost Approach is considered most accurate when valuing new, or special purpose property. Although not new, this is a special purpose property and, consequently, generally fits those descriptions. However, the appraiser gave no weight to the Cost Approach in arriving at the subject's final estimate of Market Value because the Cost Approach is indicative only of the cost to enter the market (the barrier to entry). The Sales Comparison Approach is based on an analysis of sales of comparable properties. Despite differences, this approach resulted in a value indication that supports the indications from the other two approaches. The appraiser gave substantial weight to the indication from this approach. The subject of this appraisal is an off premise outdoor advertising structure—commercial, income-producing property. When analyzing this type of property, a prudent purchaser would place greater emphasis on the Income Approach than on the other two approaches. The conclusions drawn by the appraiser are based on verified rent and expense data, mortgage requirements, and expected equity returns. The appraiser gave most weight to the value indication from the Income Approach, closely followed by the Sales Comparison Approach, and no weight to the Cost Approach. Under the conditions stated above, the appraiser's final estimate of Market Value for the subject property, as of November 30, 2010, is: 019�� Page 69 I' ­ E 4X' A -s Richard Rothfelder Rothfelder & Falick, LLP 1201 Louisiana St. #550 Houston, TX 77002 RE: BOARD OF ZONING ADJUSTMENT CASE #BZA11-08 1701 West State Highway 114, legally described as Lot 2, Block 1, Wal-Mart Addition Mr. Rothfelder, This letter confirms on August 1, 2011, the Board of Zoning Adjustment denied the following requests: Section 43.D.2,., Nonconforming Uses and Structures, Termination of Nonconforming 'Uses allows a nonconforming use to be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided. The Board denied a variance that would have allowed for the alteration or remodeling of a nonconforming use; specifically the removal of a four -foot (4) section of a billboard sign, and/or to add four -feet (4) to the sign. Section 43.F., Nonconforming Uses and Structures, Limitations of Changing Nonconforming Uses prohibits changing a nonconforming use to another nonconforming use, and prohibits expanding a nonconforming use. The Board denied a variance request to Section 43.F., as a section of the Grapevine Comprehensive Zoning Ordinance requiring a variance. The Board ruled that no special condition existed to support the requested variance or special exception. The hardship in question was self imposed. The variance sought to continue an illegal use, and use based variances are not permitted by law. Please do not hesitate contacting our office if you have any questions. A copy of the minutes will be available after they have been approved at the next regular Board of Zoning Adjustment meeting. If you need a copy for your records, please contact Connie Cook at 817-410-3158. Thqnk you, k co t Wm illias 0 t De Services Director/ Building Official cc: Don Ellison, Plans Examiner Allen Hunt, Plans Examiner DEVELOPMENT SERVICES DEPARTMENT The City of Grapevine - P.O. Box 95104 - Grapevine, Texas 76099 ® (817) 410-3154 Fax (817) 410-3018 o www.grapevinctexas.gov M O N S E- > .2 I'D c = m E I ' a) OD 00 m UM, - 0 E -2 t tu E d- MC a) -0 0 'Fu m 0 'D C� 0 0) Q a o Q) E < C? C)o —M V 0 0 s m) 0 0 a m 0 0 0 > 0 N0 0 z 0 - 0 - z u C: a) 16 -00 r -Cui 'COO 0 -E -10, 0 .2 —M C :2 0 co < r .— > ca 0 0) t 0i (D z ca m U) — C: 00 9 E E CL o• C: :3 0 E �2 ;t �.E E . 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Box 1870 Fort Worth, Texas 761 RE: Grapevine Account # CIT 25 Please find enclosed the following for publication on Sunday, May 22, 2011, in the Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram. (One time only) Item June 6, 2011 June 6, 20111 June 6, 2011 As always, your assistance is greatly appreciated. If you have any questions, please contact me at 1(817) 410-3156, Sincerely, Ron Stombaugh Planning & Development Manager ICE'S IDLPART.NIENT 'ffit City of Grapevine P.O. Box 95104 - Grapevine, Texas 760,99 - (817) 4103154 Fax (817) 410-3018 e wwwgrapevinetexas.gov On Monday evening, June 6, 2011 at 6:15 P.M. in the City Council Chambers, 2nd Floor, 2010 South Main Street, Grapevine, Texas, the Board of Zoning Adjustment of the City of Grapevine wild hold a public hearing to consider the following items: Case Number/Name- BZA1 1-06 Applicant: Joji Sauer Location: 17210 Sagebrush Trail, Lot 9, Block 1, Hood Ridge Estates Proposal: The request is for the following special exceptions to the Grapevine Comprehensive Zoning Ordinance 82-73: Section 42,0.3, Supplementary District Regulations, Accessory Buildings which requires that accessory buildings in a residential district shall be located on the rear one-half of the lot and at least ten feet from any dwelling or building, The applicant is requesting a special exception to allow construction of an accessory structure to be used as a garage to be located in the front one-half of the lot and if approved by the Board will allow a detached garage in the front one-half of the lot. Case Number/Name- BZA1 1-107 Applicant: Richard Rothfelder Location: 17011 West State Highway 114, Lot 2, Block 1, Wal-Mart '•�' IN01 Current Zoning: "CC" Community Commercial District Proposal: The request is for the following appeal to the Building Official's decision to the Grapevine Comprehensive Zoning Ordinance 82-73: Section 68,.G, Board! of Adjustment. The applicant is requesting the Board overturn the decision of the Building Official' relative to the illegal alteration of a nonconforming use. Appeals to the Board of Adjustment may be taken by any person: aggrieved, or by any officer of the department, board or bureau, of the City, affected by any decision of the building inspector or other administrative officer of the City relative to the Zoning Ordinance. Such appeal shall be taken within fifteen (1 5) days after the date of the decision of the buildings inspector or other administrative officer has been rendered, by filing with the officerfrorn whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record from which the appeal was taken. EE.'w .W -11� Applicant: Richard Rothfelider Location: 1701 West State Highway 114, Lot 2, Block 1, Wal-Mart Current Zoning: "CC:" Comimiunity Commercial District Proposal: The request is for the following variance's to the Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.D.2, Nonconforming Uses and Structures, Termination of Nonconforming Uses allows a nonconforming use to be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided. The applicant is requesting a variance for the illegal remodeling of a nonconforming use; specifically the removal of a four -foot (4') section of a billboard sign. Section 43Y, Nonconforming Uses and Structures, Limitations of Changing Nonconforming Uses. After all parties have been, given an opportunity to speak, the public hearing will be, closed and the Commission will deliberate the pending matters,. Please contact the Department of Development Services concerning any questions, 200 South Main Street, Grapevine, Texas, 76051 or P.O. Box 951014, Grapevine, Texas, 76099, 817-410-,3158. Counic Cook - RE: BZA Posting for Sunday From: "Lopez, Christine"' < To: Connie Cook <Ccook@grapevinetexas.gov> Date: 5/20/20114:52 PM Subject: RE: BZA Posting for Sunday I' sure did 0 Thanks! Christine Christine Lopez Star-Telegrarn Legal Advertising 400 W 7th Street From: Connie Cook [maidlto:Ccook@grapeviinetexas,,gov] Sent: Friday, May 20, 210114:50 PM To: Lopez, Christine Subject: BZA Posting for Sunday Just checking to make sure you received this. Haven't heard from you today. Thanks Connie 400 W. 7TH STREET FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF GRAPEVINE SECRETARY PO BOX 95104 GRAPEVINE, TX 76099-9704 ffuroffl. CITY OF GRAPEVINE, TEXAS On Mo Sales Discount Misc Fee H THE STATE OF TEXAS County of Tarrant 13580 Customer ID: CIT25 Invoice Number: 316864251 Invoice Date: 7/17/2011 Terms: Net due in 21 days Due Date: 7/31/2011 PO Number: Order Number: 31686425 Sales Rep: 073 Description: CITY OF GI APEVI Publication Date: 7/17/2011 1 166 166 LINE $3.62 $600.92 1 ($27&92) $10.00 Net Arnaunt: $332.00 Q P A 4W Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishedin the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 (—\ — SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday,, July Notary d Thank You For Your Payment --------------------------------------------- Remit TO: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT25 Customer Name: CITY OF GRAPEVINE SECS. Invoice Number: 316864251 Invoice Amount:, $332.0x0 PO Number: Amount Enclosed: Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF GRAPEVINE SECRETARY PO BOX 95104 GRAPEVINE, TX 76099-9704 OWN, CITY OF GRAPEVINE, TEXAS On Mo Sales Discount Misc Fee THE STATE OF TEXAS County of Tarrant 13580 i 127 00 C" IN aac)o Customer ID: CIT25 Invoice Number: 316318531 Invoice Date: 6/12/2011 Terms: Net due in 21 days Due Date: 6/30/2011 PO Number: Order Number: 31631853 Sales Rep: 073 Description: CITY OF GRAPEVI Publication Date: 6/12/2011 127 LINE $162 $459.74 �r 4 ($215.74) Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Bayer Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, inc, at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisementI I was published in the above named paper on the fisted dates; BIDS & LEGAL DEPT, STAR TELEGRAM (B77)215-2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Notary Thank You For Your Payment -------------------------------------------- Remit To: Star -Telegram Customer ID: CIT25 P.O. BOX 901051 Customer Name: CITY OF GRAPEVINE SECR FORT WORTH, TX 76101-2051 Invoice Number: 316318531 Invoice Amount: $254.00 PO Number: Amount Enclosed: w CITY OF Gp,AFEViNE, TEXAS On Monday evenain June 2%. 2011 at 6:15 PAI. in the Cit;. C.oulldi Chambers, 2nc� floor, 211 South Main Street; Grapevine, Texas, €he Board of Z'n;ririy Adjustment of the City cf Grapevine umill hold a pubtic hearing to consider' the following items: Case'' umber/Nraine: BZAI.I-06 Applicant: Joji Sauer L&ation: 1720 Sagebrush Trail, Lot 9, Block 1, Hood Ridge Estates �ur`rent Zoning. "R-7.5" Single :Family District No sal; The request is for the i0 lowing special exception to the �4rapevine Comprehensive Zoning I rdinance 82-73: Section 42.0.3, Supplementary District Regula- Aiions, Accessory Buildings which Aequires that accessory buildings in �l residential district sha€l be located &on the rear one-half of the lot and 13t least ten feet from any dwelling or building. The applicant is re- �uest'ing a special exception to raliow construction of an accessory structure to be used as a garage U be located in the front one-half W the lot and if approved by the pard will allow a detached garage n the front one-half of the lot. se Number/Name: BZA11-07 pliant: Richard Rothfeider dation: 1701 West State Highway Q114, Lot 2, Block 1, Wal-Mart "CC" Community lrttposa1: The request is for the 416llowing appeal to the Building 'Official's decision to the Grapevine omprehensive Zoning Ordinance S2 73: Section 68.G, Board of Adjustment, The applicant is re- questing the Board overturn the decision of the Building Official aelative to the illegal alteration of a nonconforming use. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer of the department, board or bureau of the City, affected by any decision of the building pynspector or other administrative fficer of the city relative to the oning Ordinance. Such appeal shall d taken within fifteen (1.5) days iter the date of the decision of building inspector or Bather dministrative officer has been irndered, by filing with the officer from whom the appeal is taken. Shall forthwith transmit to the Board all the papers constituting the record from which the appeal was taken. Pie Number/Name. BZA11-08 liplicant: Richard Rothfelder kation: 1701 West State Highway 414; Lot 2, Block 1, Wal-Mart "CC" Community osal: The request, is for the 'Swing variance's to the Grape- a Comprehensive. Zoning Ordi- Ice 82-73: Section 43.D.2, Non - forming Uses and Structures, minaticin of Nonconforming es allows a nonconforming use be occupied, used, and main - red in good repair, but it shall be remodeled or enlarged except hereinafter provided. The ap- ant is requesting a variance for illegal remodeling of a non - forming use; specifically the 'oval of a four -foot (4') section i billboard sign, and to add four- : (4) to the opposite end of the i. Section 43.1, Nonconforming s and Structures, Limitations -hanging Nonconforming Uses. Number/Name: BZA11-49 cant: Mark Cegielski :ion: 2111 forest fliils (toad, Lot .lock 12, Reed Addition 'g "R-7.51' Single Family Dis- isak The request is for the swing special exception to the Sevine Comprehensive Zoning nance 82-73: Section 43,12.3, conforrPinq Uses and Strut - Legal Nirtices tures a31ot°r^s the."r3aard of Zoning Adjustment to approve the re - ng and/or enlargement of a nonconforming use. if approved by the, Board the existing resident=ial structure would ;be allowed to remain" as developedand a new garage to be on'striacted as shown snave-ueengiven an o speak, the public be closed .and the will deliberate the July 15, 2011 Ms. Christine Lopez Fort Worth Star Telegram P.O. Box 1870 Fort Worth, Texas 76102 RE: Grapevine Account # CIT 25 X��M Please find enclosed the following for publication o,n Sunday, July 17, 2011, in the Northeast Edition of the Neighborhood Extra Section of the, Fort Worth Star Telegram. (One time only) Item Notice of Public Hearing-, I off August 1, 2011 August 11, 2011 August 1, 2011 August 1, 20111 August 1, 2011 August 1, 2011 As always, your assistance is greatly appreciated. If you have any questions, please contact me at (817) 410-3158. Sincerely, Ron Stombaugh Planning & Development Manager CITY OF GRAPEVINE, TEXAS On Monday evening, August 1, 2011 at 6:15 P,M, in the City Council Chambers, 2nd Floor, 20O South Main Street, Grapevine, Texas, the Board of Zoning Adjustment of the City of Grapevine will hold a pulblic hearing to consider the following items. Case Number/Name: BZA1 1-06 Applicant: Joji Sauer Location: 1720 Sagebrush Trail, Lot 9, Block 1, Hood Ridge Estates Current Zoning: "R-7.5" Single Family District Proposal- The request is for the following special exception to the Grapevine Comprehensive Zoning Ordinance 82-71 Section 42-0-3, Supplementary District Regulations, Accessory Buildings which requires that accessory buildings in a residential district shall be located on the rear one-half of the lot and' at least ten feet from any dwelling or building. The applicant is requesting a special exception to allow construction of an accessory structure to be used as a garage to be located in the front one-half of the lot and if approved by the Board will allow a detached garage in the front one-half of the lot. Case Number/Name: BZA1 1-07 Applicant: Richard Rothfelder Location: 1701 West State Highway 114, Lot 2, Block 1, Wal-Mart Current Zoning: "CC" Community Commercial District Proposal.- The request is for the following appeal to the Building Official's decision to the Grapevine Comprehensive Zoning Ordinance 82-73: Section 68,G, Board of Adjustment. The applicant is requesting the Board overturn the decision of the Building Official relative to the illegal alteration of a nonconforming use,, Appeals to the Board of Grapevine Comprehensive Zoning Ordinance 82-73: Section 43-E,3, Nonconforming Uses and Structures allows the Board of Zoning Adjustment to approve, the remodeling and/or enlargement of a nonconforming use. If approved by the Board the existing residential structure would be allowed to remain as developed and a new garage to be constructed as shown on the plot plan. Case Number/Name: BZA1 1-10 Applicant: Bob Tatangelo Location: 3504 Red Bird Lane, proposed to be platted as Lot 1281, Block 6, Placid -Peninsula Addition Zoning: "R-7.5" Single Family District Proposal- The request is for the following special exception to the Grapevine Comprehensive Zoininig Ordinance 82-73: Section 43,E.3, Nonconforming Uses and Structures allows the Board of Zoning Adjustment to approve the remodeling and/or enlargement of a nonconforming use. If approved by the Board the existing residential structure would be allowed to remain as developed as shown on the plot plan. Case Number/Name,- BZA1 1-11 Applicant: Perry Leonard Location: 604 South Main Street, Lot 1A, Block 14, Original Town of Grapevine Current Zoning: "CBD" Central Business District Proposal: The request is for the following special exception to the Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.E.3, Nonconforming Uses and Structures allows the, Board of Zoning Adjustment to approve the remodeling and/or enlargement of a nonconforming use. The applicant is requesting the relocation of an existing pole sign as shown on the plot plan. Connie Cook - RE: August News Notice MEMME"M From: "Lopez, Christine" < To: Connie Cook <Ccook@grapevinetexas.gov> Date: 7/15/2011 11:58 AM Subject: RE: August News Notice ,ad received @ Christine Lopez Star -Telegram Legal Advcrtising 400 W 7th Street Ft Worth, Texas 76102 t' rNORNSKOWMI From: Connie Cook [mailto:Ccook@grapevinetexas.gov] Sent: Friday, 3ufy 15, 20118:35 AM To: Lopez, Christine Subject: August News Notice To be published in Sunday, July 17, 11 paper. Thanks Connie CASE #BZAI 1-08 CITY OF GRAPEVINE RICHARD ROTHFIELDER 1701 WEST STATE HIGHWAY 114 Jill W411 As (a Property Owner within 200 feet of the, subject tract) or (an interested citizen), I(approve) (protest) and/or (have the following comments) Print Name, Address, City, Zip, Lot, Block and Subdlivi'sion: Signature: i Board of Zoning Adjustment Department of Development Services City of Grapevine P. 0. 'Box 195104 Grapevine, TX 76099 OAKATO I I1CasesTZAI 1-0&3 Phone: Planning & Building Inspections Division Department of Development Services City of Grapevine 200 S. Main Street Grapevine, TX 76051 Fill convenience. Purpose. of Rp,quipst: The applicant has submitted an application to the Department of Development Services for 1701 West State Highway 114, legally described as Lot 2, Block 1, Wal-Mart Addition. The following variance is to the Grapevine Comprehensive Zoning Ordinance 82-73: Section o, Uses and Structures, Termination, of Nonconforming Uses allows a nonco�nformingi, use tobe occupied, used, and maintained in good repair, but it shall not be remodeled or enfarged except as hereinafter proivided. TPhee-ei -suestiaUamamw-iLwcdwW - _�alicant is re, MM*R0W0.XL-44 rAwp"P& Qpe:ci'fically the removal of a •, ii (4') section of a billboard s,ign, and to add four -feet (4) to the opposite end of the sign. Section 43.F., Nonconforming Uses and Structures, Limitations of Changing Nonconforming Uses prohibits changing a nonconforming use to another nonconforming use, and prohibits expanding a nonconforming use. The applicant cites Section 431., as a section of the Grapevine Comprehensive Zoning Ordinance requiring a variance. However, the city has never contended that there was a violation of this section of the Grapevine Comprehensive Zoning Ordinance. WHEN: MONDAY, -JUNE 27 2011, AT 6:15i PM WHAT: BOARD OF ZONING ADJUSTMENT PUBLIC HEARING LOCATION: CITY COUNCIL CHAMBERS, 2ND FLOOR, 200 SOUTH MAIN STREET PROCEDURE: 1. City Staff Introduction of Case and Applicant 2. Applicant and Other Speakers' Presentation 3. Public Input from Neighborhood Associations, Property Owners within 200 feet, Interested Citizenry 4, Questions from Board of Zoning Adjustment for Applicants, City Staff and Guests, Present 5. Public Hearing Closing 6 Determining if a Special' Condition Exists 7. Vote CASEA Ali, 6` CITY OF G!RAPEiVINE RICHARD ROTHFELDER 1701 WESTSTATE HIGHWAY 114 ALL WRITTEN CORRESPONDENCE MUST BE RECEIVED BY THIS OFFICE N* LATER THAN 5 PM ON MONDAY, JUNE 27,,2011 As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (pretest) and/or (have the following comments) Print Name, Address, City, Zip, Lot, Block and Subdivision: Signature: 11 1 i 4's Board of Zoning Adjustment Department of Development Services City of Grapevine P. O. Box 95104 Grapevine, TX 76099 OAKA1201 IkCas MBZAI 1-08,3 Phone#: Planning & Building Inspections Division Department of Development Services City of Grapevine 200 S. Main Street Grapevine, TX 76051 IRS MA Mai A 4"Un ro T." M, convenience. i Pur ease �f Bye uesi: The applicant has submitted an application to the Department of Development Services for "I 701 West State! Highway 114, legally described as Lot 2, Block 1, Wal-Mart Addition. The following variance is to the Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.13.2., Nonconforming Usesand Structures, Termination of Nonconforming Uses allows a nonconforming use to be occupied, used, and maintained in good reipair, buit it shall not be remodeled or enlarged except as hereinafter provided. The applicant is requesting a variance for the illegal remodeling of a nonconforming use; specifically the removal of a four -foot (4) section of a billboard sign, and to add four -feet (4') to the opposite end of the s,ign. Section 43.F., Nonconforming Uses and Structures, Limitations of Changinj Nonconforming Uses prohibits changi I ng a nonconforming use to anoth nonconforming use, and prohibits expanding a nonconforming use. The appllicant cites Section 43.F, as section of the Grapevine Comprehensive Zoining Ordinance, requiring a variance. However, the city has never contended that there was a violation of this section, of the Grapevine Comprehensive Zoning Ordinance. IL I X014fAnommol I W&OK"0111g,011 W010 F-J''NIM a'Lim, R 1112 K 1. City Staff Introduction of Case and Applicant 2. Applicant and Other Speakers' Presentation 3. Public Input from Neighborhood Associations, Property Owners within 200 feet, Interested Citizenry 4. Questions from Board of Zoning Adjustment for Applicants, City Staff and Guests Present 5, Public Hearing Closing 6 Determining if a Special Condition Exists 7. Vote CASE MZAI 1-08 CITY OF GRAPEVINE RICHARD: RO�THFELDER 1701 WEST STATE HIGHWAY 114 ALL WRITTEN CORRESPONDENCE MUST BE RECEIVED BYTHIS OFFICE nf LATER THAN 5 PM ON MONDAY, AUGUST 1, 2011 As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the foillowing comments) Print Name, Address, City, Zip, Lot, Block and Subdivision: Signature: Board of Zoning Adjustment Department of Development Services City of Grapevine P. 0. Box 95104 Grapevine, TX 76099 016ZAV01 tcases162AI 1 -08,3 Phone#: Planning & Building: Inspections Division Department of Development Services City of Grapevine 2100 S. Main Street Grapevine, TX 76051 ....... . ........ ®........ pub ect Property 1 inch = 300 feet cA -`R T". 1OODSP'\Ie h �0ve 1p-5 17 Ol H W 1,,, B2:A1 1-07 & BZA1 1-08 Wal-Mart Real Estate Bus Trust 1701 W STATE HWY 114 PO Box 8050 BILLBOARD Bentonville Ar 72712 i - ut-M Km PO Box 660163 Dallas Tx 752,66 Mannhart, Edwin E 905 Emerald Blvd Southlake Tx 76092 CBS Outdoor, IInc. Cbr Associates Joint Venture c/o Richard L. Rothfelder 671 Industrial Blvd # B Rothfelder & Fa I ick, L L P Grapevine Tx 76051 1201 Louisiana, Suite 550 Houston, TX 77002 CBS Outdoor, Inc. M:annhart, Edwin, E c/o Richard L. Rothfelder 905 Emerald Blvd Rothfelder & Falick, LLP Southlake Tx 76092 1201 Louisiana, Suite 550 Houston, TX 77002 CBS Outdoor, Inc. Carnes, J Matthew c/o, Richard L. Rothfelder 3417 Lookout Ct Rothfelder & Falick, LLP Grapevine Tx 76051 1201 Louisiana, Suite 550 Houston, TX 770012 Stacey -Trip, LLC Halle Properties LIc c/o Edward D. Burbach, 20225 N Scottsdale Rd GardenWynne Sewell, LLP Scottsdale Az 85255 600 Congress Avenue, #300, Austin, TX 78701 Stacey -Trip, LLC Ess Prisa Tx Lp c/o Edward D. Burbach, PO Box 320099 GardenWynne Sewell, LLP Alexandria Va 22320 600 Congress Avenue #300 Austin, TX 78701 Stacey -Trip, LLC Trorb Inc c/o, Edward D. Burbach, PO Box 583 GardenWynne Sewell, LLP Grapevine Tx 76099 600 Congress Avenue #300 Austin, TX 7,8701 MARKI,TLOOP EXCHANGE 13LVD w w I inch = 440 feet �11 qt 0 Co . . . . . . . . . . . . . ------------ B,ZAl 1-08 1701 WEST STATE HWY 114 Development Service Department Public Hearing Property Owner Research Applicant. CBS Outdoor, Inc. / Richard Rothfelder Case No.: BZA1 1 -08 Address/Legal Description: 1701 W. State Hwy 114 Wal-Mart Addition Gpv 160,11 W State Hwy 114 Wal-Mart Real Estate Bus Trust BIk 1 Lot 2 PO Box 8050 77s7 CC Bentonville Ar 72712 Foster, A Heirs Survey 400 Ira E Woods Ave Regional Rail Row Co A 518 Tr 11 PO Box 660163 cc Dallas Tx 75266 Grapevine Industrial Park 631 Industrial Blvd Mannhart, Edwin E Blk Lot 6 905 Emerald Blvd Ll Southlake Tx 76092 <null> <null> <null> <null> <null> LI <null> <null> Grapevine Industrial Park 651 Industrial Blvd Mannhart, Edwin E Blk Lot 7C 905 Emerald Blvd Ll S'outhlake Tx 76092 Grapevine Industrial Park 661 Industrial Blvd Carnes, J Matthew Blk Lot 7B 3417 Lookout Ct LI Grapevine Tx 76051 Storguar'd No 1 Addition 2055 W State Hwy 114 Halle Properties Lic Blk A Lot 3 20225 N Scottsdale Rd LI Scottsdale Az 85255, Storguard-No 1 Addition 2045 W State Hwy 114 Ess Prisa Tx Lp Blk A Lot 1 PC► Box 320099 Ll , Alexandria Va 22320 Grapevine Industrial Park 609 lndustrial Blvd - Trorb Inc Blk Lot 5 PO Box 583 Ll Grapevine Tx 76099 ,Grapevine Industrial Park 671 Industrial Blvd Cbr Associates Joint Venture Blk Lot 7A 671' Industrial Blvd # B Ll Grapevine Tx 76051 0ABZA1201 INCases 201 1\BZA1 1-08.31,doc BZA11-07 & BZA11-08 Wal-Mart Real Estate Bus Trust 11701W STATE HWY 114 PCD Box 8050 BILLBOARD Bentonville Ar 72712 Regional Rail Row Co PO Box 660153 Dallas Tx 75266 Mannhart, Edwin E 905 Emerald Blvd Southiake Tx 76092 CBS Outdoor, Inc,. Cbr Associates Joint Venture c/o Richard L. Rothfelder 671 Industrial Blvd # B Rothfelder & Falick, LLP Grapevine Tx 76051 1201 Louisiana, Suite 550 Houston, TX 77002 CBS Outdoor, Inc. Mannhart, Edwin E c/o Richard L. Rothfelder 905 Emerald (Blvd Rothfe[der & Ealilck, LLP Southlalke Tx 76092 1201 Louisiana, Suite 550 Houston, TX 77002 CBS Outdoor, Inc. Carnes, J Matthew c/o Richard L. Rothfelder 3417 Lookout Ct. Rothfelder & Palick, LLP Grapevine Tx 76051 1201 Louilsiana, Suite 550 Houston, TX 77002 Stacey -Trip, LLC Halle Properties Llc c/o Edward D. Burbach, 20225 N Scottsdale Rd GardenWynne Sewell, LLP Scottsdale Az 85255 600 Congress Avenue #300 Austin, TX 78701 Stacey -Trip, LLC Ess Prlsa Tx LIp c/o Edward D. Burbach, PO Box 32.0009 GardenWynne Sewell, LLP Alexandria Va 22320 600 Congress Avenue #300, Austin, TX 78701 Stacey -Trip, LLC Trorb Inc c/o Edward D. Burbach, PO Box 583 GardenWynne Sewell, LLP Grapevine Tx 76099 600 Congress Avenue #300 Austin, TX 78701 August 2, 2011 Richard Rothfelder Rothfelder & Falick, LLP 1201 Louisiana St. #550 Houston, TX 77002 RE: BOARD OF ZONING ADJUSTMENT CASE #BZA11-08 1701 West State Highway 114, legally described as Lot 2, Block 1, Wal-Mart Addition Mr. Rothfelder, This letter confirms on August 1, 2011, the Board of Zoning Adjustment denied the following requests: Section 43.D.2., Nonconforming Uses and Structures, Termination of Nonconforming Uses allows a nonconforming use to be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided. The Board denied a variance that would have allowed for the alteration or remodeling of a nonconforming use; specifically the removal of a four -foot (4') section of a billboard sign, and/or to add four -feet (4') to the sign. Section 43.F., Nonconforming Uses and Structures, Limitations of Changing Nonconforming Uses prohibits changing a nonconforming use to another nonconforming use, and prohibits expanding a nonconforming use. The Board denied a variance request to Section 43.F., as a section of the Grapevine Comprehensive Zoning Ordinance requiring a variance. The Board ruled that no special condition existed to support the requested variance or special exception. The hardship in question was self imposed. The variance sought to continue an illegal use, and use based variances are not permitted by law. Please do not hesitate contacting our office if you have any questions. A copy of the minutes will be available after they have been approved at the next regular Board of Zoning Adjustment meeting. If you need a copy for your records, please contact Connie Cook at 817-410-3158. you, co t Williams D elopment Services Director/ Building Official cc: Don Ellison, Plans Examiner Allen Hunt, Plans Examiner DEVELOPMENT SERVICES DEPARTMENT The City of Grapevine • P.O. Box 95104 • Grapevine, Texas 76099 • (817) 410-3154 Fax (817) 410-3018 • www.grapevinetexas.gov . .. —�— _� � — -- — — — �.m„� -e• sw.-sen A � / i •m `�ti Ll ? w ) • GRAPHIC SCALE RL -150R- u. �' w \ PROPOSED SAN'SOS . 00 \\ \ f meu m STORE NO. 479 \ GROSS S.F. = 15 261 1n Y+ \ \ \ F.F.E. IP 66' .009 e Ir Kp �+ Lra. A 17.5843 \ \\\ 6 dddd CITY OF GRAPEVINE !H aax \ - APPROVED r -\\ DENIED �� a a� ®\ CASE # A 11- J i sl oM\\ DATE i w A NA Ilk Tla_ AIR .s� CASE NAME W&-MMr r.o ximswxcs CASE NUMBER: IDI -19 a cum -]t \ LOCATION: 15M %III Std wrtnte i G z a41. '♦yN C6 ` WN -Mart 1EMIIw •111�QI wt L V wru - -01 DAM 1E /-/5-02 �� 2oMWt-oo PUNNING AND ZONING COMMISSION °AAY°' °" ASO gz�` xswm cr: AIC a°aan ac loN DAIS WEED —IL7 OF _ 6L�3 w' ueve�e.. Is zam APPROVAL DOES NOT AUTIORIZE ANY WORE IN CONFl CT WIRI ANY OWES OR ORDINACES. w°E^� DEP/ EXHIBIT 1