Request For Injunction
Request For Injunction
(-- - !
-
UI aiu 01 hS tuL,
THENCE. North 66 degrees. 15 minutes. 22 seconds West, the north line of said City of Dallas tract. a
distance of 5.00 feet to a 1 2-inch iron rod with PACHECO KOCH cap found at the northwest corner of
said City of Dallas tract;
THENCE, North 23 degrees. 44 minutes, 38 seconds East, along the said southeast line of North Central
Ii presswar a d stancc of 44 3 feet to tic PQINT OF BEGINNING.
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 124
1Qi
GIS Approved
JL U U J 1. 1
29019
Exhibit B
PD 305 TRACT B
(East side of Central Expressway)
BEING a tract or parcel of land situated in the John Grisby Survey, Abstract 495, City of
Dallas, Dallas County, Texas, and being all or parts of City Blocks 10/2006, 18/2006,
11/606, 1/611, 2/612, 5/614, A/618, A1621, E/622, C/623, D/623, A/624, 8/624, E1624,
A/659, B/659, C/659, 661, A/661, G/662, K1662, A/663 and 8/663 being more
particularly described as follows:
BEGINNING at an
+
cut in concrete set for corner in the easterly right-of-way line of
North Central Expressway, U.S. Highway 75 (a variable width right-of-way), at its
intersection with the northerly line of Haskell Avenue (a variable width right-of-way), said
point also being the most southwesterly corner of City Block 18/2006;
THENCE along the easterly line of North Central Expressway, N 0808Ol E, 106.10
feet to a
+
cut in concrete set for the beginning of a non-tangent curve to the right;
THENCE along said easterly line of North Central Expressway, a curve to the right
having a central angle of 63138, a radius of 2,090.00 feet, an arc distance of 238.10
feet, a chord bearing of N100612E, and a chord distance of 237.97 feet to a point for
corner at the beginning of a compound curve to the right;
THENCE continuing along said easterly line of North Central Expressway in a northerly
direction along said compound curve to the right, having a central angle of 080722, a
radius of 2,734.00 feet, a chord bearing and distance of N172542 E, 387.27 feet, an
arc distance of 387.59 feet, to a
+
cut in concrete for corner at the end of said curve;
THENCE departing said easterly right-of-way line of North Central Expressway,
S 661 522 E, a distance of 310.71 feet to a point for corner;
THENCE S 234438 W, a distance of 94.40 feet to a point for corner:
THENCE S 4431 25 E, a distance of 439.96 feet to a point for corner;
THENCE N 452835 E, a distance of 119.64 feet to a
+
cut in concrete set for corner,
in the westerly line of a 15-foot wide alley;
THENCE S 445032 E, a distance of 149.63 feet to a point for corner in the centerline
of Peak Street (a variable width rightofway); said point being the southeast corner of
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 125
GIS Approved
o
i 9
1 309 1 (
the northern most corner of City Block A1663 Lot 2, Cityplace Northeast Section One-
Revised (S023-152), an addition to the City of Dallas, Texas according to the plat
recorded in Volume 95051, page 1321 of the Dallas County Deed Records;
THENCE S 451615 W, along the said southwesterly line of Peak Street, a distance of
25.00 feet, to a point in the southwesterly line of Peak Street, said point also being the
on the north line of City Block A1663 Lot 2;
THENCE S 444944 E, along the southwesterly line of Peak Street, crossing the right-
of-way of Weldon Street (50 R.O.W.), 700.00 feet to its intersection with the westerly
line of Capitol Avenue (50 R.O.W.);
THENCE S 450516 W along the westerly line of Capitol Avenue 248.74 feet to a
corner:
THENCE departing the westerly line of Capitol Avenue, S 444917 E, 282.49 feet to a
point for corner at the west line of City Block 661;
THENCE S 242457 W along the west line of City Block 661, 148.72 feet to a point for
corner;
THENCE S 661227 E, 204.49 feet to a point for corner, in the easterly line of Office
Parkway (50 R.O.W.);
THENCE N 230042 E along the easterly line of Office Parkway, 319.99 feet to a point
for corner, said point also being the point of curvature of a curve to the right;
THENCE continuing along the easterly line of Office Parkway, a curve to the right
having a central angle of 192623 a radius of 223.27 feet, an arc distance of 75,75
feet to a point for corner, said point also being the pont of reverse curvature, chord
bears N 324825 E 75.39 feet:
THENCE continuing along the easterly line of Office Parkway, a curve to the left having
an angle of 1515624, a radius of 52.59 feet, a chord bears N 234558 E;
THENCE continuing along the south line of Block 661 and the north line of C/662 Lot 5A
N 341415 E, 179.23 feet easterly line of Office Parkway, to a point for corner in the
north line of City Block G/662 Lot 5A:
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 126
I OC I
GIS_Approved
I U U J I
29019
THENCE N 455905 E, 81.86 feet to a point for corner;
THENCE S 442635 E, 95.00 feet to a point for corner;
THENCE N 4605 18 E, 2.47 feet to a point for a corner in the southerly line of Ashby
Street (50 R,O. W.);
THENCE S 442115 E, continuing along the southerly line of Ashby Street, 25.72
feet to a point for a corner;
THENCE S 3830Ol W, continuing along the southerly line of Ashby Street, 6.28 feet
to a point for a corner;
THENCE S 435455 E, continuing along the southerly line of Ashby Street, 167.23 feet
to a point for a corner at its intersection with the westerly line of Deere Street (50
R.O.W.);
THENCE S 4651OS W along the westerly line of Deere Street, 410.00 feet to a point
for a corner in the southerly line of Peak Street (60 R.O.W.);
THENCE S 442241 E along the southerly line of Peak Street, 247.81 feet to a point
for a corner,
THENCE departing the southerly line of Peak Street, S 055250 W, 118.28 feet to a
point for a corner said point also being the most northeasterly corner of City Bock
C/659, and in the southerly line of Lemmon Avenue (60 R.O.W.), said point also being
the point of curvature of a curve to the right;
THENCE along the southerly line of Lemmon Avenue, a curve to the right having a
central angle of 385313, a radius of 395.63 feet, an arc distance of 268.52 feet to an
iron rod found in the southerly line of Peak Street (50 R.O.W.) at its intersection with
the westerly line of a 15 foot alley, chord bears S 651257 E, 263.39 feet;
THENCE S 444858 E, crossing said 15 foot alley, 15.00 feet to a point for a corner at
the intersections of the southerly line of Peak Street with the easterly line of said 15 foot
alley for a corner;
THENCE S 443908 E, continuing along the southerly line of Peak Street, 200.10 feet
to a point for a corner at its intersection with the easterly line of Lafayette Street (50
RO.W.);
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GIS Approved
1309 17
3fl19
I
THENCE S 444234 E, continuing along the southerly line of Peak Street, 157.99 feet
to a point for a corner at its intersection with the westerly line of a 10 foot dirt alley;
THENCE S 463644 W along the westerly line of said dirt alley, 645.40 feet to a point
for a corner at the northerly line of Haskell Avenue;
THENCE N 445655 W along the northerly line of Haskell Avenue, 418.35 feet to a
point for corner on the common line between Lots 2 and 3 in City Block B1659;
THENCE N 460818 E along said common lot line and its northeastward prolongation,
a distance of approximately 142.52 feet to a point for corner on the centerline of a 15
foot alley;
THENCE N 445655 W along the centerline of said alley, a distance of approximately
103.00 feet to a point for corner on the southeasterly line of Cabell Drive;
THENCE N 460836 E along the southeasterly line of Cabell Drive, a distance of 50.70
feet to a point for corner on the common line between Lots 25 and 26 City Block B/659;
THENCE S 442639 E along said common lot line and its northeastward prolongation,
a distance of approximately 157.46 feet to a point for corner on the centerline of a 15
foot alley;
THENCE in a N 460836 E direction along the centerline of said alley, a distance of
approximately 50.00 feet to a point for corner on a line, said line being the
southeastward prolongation of the common line between Lots 1 7A and 25 in City Block
B/659;
THENCE in a N 445655 W direction along said line, and continuing along said
common lot line and its northwestward prolongation, a distance of approximately I 77O1
feet to a point for corner on the centerline of Cabeil Drive (50 R.OW.):
THENCE S 461646 W along the centerline of Cabell Drive, 100.00 feet to a point for a
corner at its intersection with the southeasterly projection of the centerline of a 15 foot
alley;
THENCE N 4453Ol W along the centerline of said 15 foot alley. 179.90 feet to a point
for corner on the east line of City Block A1661;
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GIS Approved
1309 17
- 29019
THENCE S 232420 W along the east line of City Block A/661, 226.36 feet to a point
for a corner in the centerline of Haskell Avenue, said point also being the point of
curvature of a curve to the right;
THENCE along the centerline of Haskell Avenue, a curve to the right having a central
angle of 260705, a radius of 170.55 feet, an arc distance of 77.75 feet to an iron rod
found for a corner, chord bears S 650702 E, 77.07 feet;
THENCE S 4453Ol E, continuing along the centerline of Haskell Avenue,
approximately 376.82 feet to a point for a corner at its intersection with the northeasterly
projection of the centerline of Lafayette Street (50 R.O.W.);
THENCE S 444815 W along the centerline of Lafayette Street approximately 636.41,
crossing the right-of-way of Lucille Street (50 R.O.W.) to the centerline of Caddo Street;
THENCE S 4356OO E along the centerline of Caddo Street, approximately 191.18 feet
to a point for a corner at its intersection of the centerline of Cochran Street (50 R.O.W.);
THENCE S 445320 W along the centerline of Cochran Street, approximately 400.00
feet to a point for a corner at its intersection with the centerline of Washington Avenue
(50 R.OW.);
THENCE N 451 1 32 W, along the centerline of Washington Avenue, 700.24 feet to a
point for a corner at its intersection with the northeasterly projection of the south line of
City Block A/624 Lot IA;
THENCE S 445749 W, crossing the right-of-way of Washington Avenue,
approximately 30 feet to a point for a corner in the southerly line of Washington Avenue
and the southeast corner of City Block A/624 Lot 1A;
THENCE departing said southerly line of Washington Avenue, and the southeast corner
of City Block A1624 Lot IA and going across said Lot the foNowing caNs:
S 445749 W, 164.82 feet to a point for a corner
N 451402 W, 118.00 feet to a point for a corner
S 445749 W, 300.00 feet to a point for a corner
S 451402 E, 120.00 feet to a point for a corner
S 445749 W, 300.04 feet to a point for corner
THENCE N 451402 W along the westerly line of City Block A1624 Lot 1A. 145.00 feet
to a point for a corner in the centerline of Thomas Avenue;
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 129
GIS Approved
1 0
17
?9319
THENCE S 462225 W along the centerline of Thomas Avenue approximately 241
feet to the centerline of North Central Expressway, U.S. Highway 75, to a point for a
corner;
THENCE in a northwesterly direction (N 013240 W) along the center line of North
Central Expressway, U.S. Highway 75 approximately 1382.90 feet to the point of
intersection with the southwesterly projection of the (former south line of Weldon Street)
at its intersection with the centerline of Lemmon Avenue to a point for corner;
THENCE in a southeasterly direction (S 630620 E) along the centerline of Lemmon
Avenue, approximately 287.91 feet to the point of intersection with the southwesterly
projection of the south line of City Block 1/620 Lot 1A to a point for corner;
THENCE departing said centerline of Lemmon Avenue and following around the City
Block 1/620 Lot lAthe following calls:
THENCE N 461 1 29 E, 162.72 feet to a point for a corner
THENCE N 454252 W, 207.86 feet to a point for a corner
THENCE S 4522Ol W, 92.45 feet to a point for a corner on the north line of the
service road of North Central Expressway, U.S. Highway 75;
THENCE N 714348 W, 53.76 feet to the centerline of the service road of North
Central Expressway, U.S. Highway 75 to a point for corner,
THENCE N 025506 W, 122.26 feet along the centerline of the service road of North
Central Expressway, U.S. Highway 75 the point of intersection with the southwesterly
projection of the centerline of Weldon to a point for corner;
THENCE N 882439 E, 130.12 feet along the centerline of Weldon Street, to a point
for a corner in the centerline of said Weldon Street
THENCE N 4550 52 E 860 88 feet continuing along the centerline f Weldon Street to
Ie po t ersect i vit[ [ s uttv 5 tIA Block A 66 a th
northeasterly line of Haskell Avenue to a point for corner:
THENCE N 442756 W, 440.95 feet, along the northeasterly line of Haskell Avenue
and the southwest line of LotlA, Block A1663 to the point of intersection with the
southeast corner of Lot 2, Block 18/2006, to a point for a corner;
THENCE North 44 degrees 53 minutes 56 seconds West along said northeast line of
North Haskell Avenue a distance of 2 9 93 fet cut r b k found at le
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 130
GIS_Approved
1 0 J 17
THENCE, in a northwesterly direction along the northeast line of N. Haskell Avenue and
said curve to the left, having a central angle of 33 degrees, 27 minutes, 38 seconds, a
radius of 511.50 feet, a chord bearing and distance of North 61 degrees, 37 minutes,
45 seconds West, 294.49 feet, an arc distance of 298.71 feet to a
+
cut in concrete set
for corner at the end of said curve; said point being in the east rightof-way line of North
Central Expressway (a variable width right-ofway) to return to the POINT OF
BEGINNING and containing approximately 93.936 acres of land, more or less.
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 131
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JUDICIAL DISTRICT COURT
DALLAS COUNTY, TEXAS
East Village Association
Plaintiff
v.
Trammell Crow Company, Inc.; The City
of Dallas; Michael Anglin, Neil Emmons,
Emma Rodgers, Betty Culbreath, Tony
Shidid, Jed Anatasomboon, Ann Bagley,
Myrtl M. Lavallaisaa, Gloria Tarpley,
John Shellene, Jaynie Schultz, Cookie
Peadon, Margot Murphy, Paul E. Ridley,
and Robert Abtahi in their official
capacity as members of the City Plan
Commission.
Cause No.
Affidavit of Jonas Park
Defendants.
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned notary, on this day personally appeared Jonas
Park, a person whose identity is known to me, who being by me duly sworn, on his
oath stated as follows:
1. My name is Jonas Park. I am over the age of 21 years, have never been
convicted of a felony, suffer no legal or mental disabilities, and am fully competent
to make this affidavit. The matters in this affidavit are within my personal
knowledge and are true and correct.
2. I am an Officer on the Board of the East Village Association ("EVA"),
authorized by the members to state the matters in this affidavit concerning EVA.
AFFIDAVIT OF JONAS PARK -PAGE 1
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 139
3. EVA is an unincorporated nonprofit association organized under Texas
Business Organizations Code 252.001 et seq.
4. EVA's members include one or more members who reside in and own (and
have resided in and owned continuously since at least January 1, 2013) real
property within 200 feet of property located within Planned Development District
889, located at the Northeast corner of North Central Expressway and North Carroll
Avenue, which Trammell Crow Company, Inc. ("Crow") proposes to develop for a
Sam's Club at the corner of North Central Expressway and Carroll Avenue (the
"Development").
5. The interests EVA seeks to protect through the above-captioned lawsuit are
germane to EVA's purposes, which are advancement of the interests of East Village
Residents, specifically including but not limited to advocacy on East Village land use
and zoning issues for the benefit of East Village Residents.
6. East Village Residents include individuals who own real property and reside
within the following boundaries, including both sides of the following streets: North
Carroll Avenue on the North side, Cabell Drive on the East side, North Haskell
Avenue on the South side, and North Central Expressway on the West side.
7. David Shaw is a member of EVA and has authorized me to disclose that he is
a member of EVA.
8. I own and reside in real property located at 2319 Rusk Court, Dallas, Texas
75204. I also own real properties located at 4331 and 4333 Belmont Avenue, Dallas,
Texas 75204, which I am in the process of converting, in part, into a yoga studio (the
"Yoga Studio").
9. My Yoga Studio is located directly adjacent to the Development.
10. I bought the Yoga Studio on January 9, 2014. At the time that I bought the
Yoga Studio, I did so with the understanding from my realtor, Bill Zemman, that the
AFFIDAVIT OF JONAS PARK-PAGE 2
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 140
Development would be similar in form to the West Village. This understanding was
also partially based on the name of the Developmentthe "East Village."
11. Had I known about Crow's intent to use the Development for a 100,000+
square foot megastore like Sam's Club, I would not have purchased the Yoga Studio.
12. I have serious concerns that Crow's plan to lease part of the Development to
Sam's Club for a 100,000+ square foot megastore will result in a substantial burden
and nuisance upon my use of the Yoga Studio.
13. Specifically, I am concerned that increased traffic flow and smell from the
Sam's Club dumpsters located near the Yoga Studio will substantially burden the use
and enjoyment of my Yoga Studio for me and my clients.
14. I am also concerned that increased traffic flow surrounding the Development
will significantly burden my daily transportation needs to and from my home and
my Yoga Studio.
15. Crow has already begun construction work at the Development site, and
counsel for Crow at the June 19, 2014 City Plan Commission hearing indicated that if
the City Plan Commission approves their development plan on July 10, 2014, they
intend to move forward on the Development immediately.
16. Noise and dust from the construction work at the Development site is also a
nuisance for me and the neighbors immediately surrounding the Development site.
AFFIDAVIT OF JONAS PARK-PAGE 3
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 141
CRAIG JASSO
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP. 4/01/17
Notary Pu
Notary's pri
and for the State of Texas
ted name:
FURTHER AFFIANT SAYETH NOT.
SUBSCRIBED AND SWORN TO BEFORE ME on the g"
. day of July, 2014.
My Commission Expires: q , o i - 10 II-
AFFIDAVIT OF JONAS PARK-PAGE 4
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 142
Affidavit of David Shaw
STATE O F TEX AS
C O U N TY O F D AL L AS
Before me, the undersigned notary, on this day personally appeared D avid Shaw, a
person whose identity is known to me, who being by me duly sworn, on his oath stated as
follows:
1. My name is D avid Shaw. I am over the age of 21 years, have never been convicted of
a felony, suffer no legal or mental disabilities, and am fully competent to make this affidavit.
I own and reside in real property located at 2714 N . C arroll Avenue, D allas, Texas 75204. I
owned and resided at 2714 N . C arroll Ave. during all of April and May of 2013. The matters
set forth herein are within my personal knowledge and are true and correct.
2. 2714 N . C arroll Ave. is within 200 feet of property located on Planned D evelopment
D istrict 889, located at the N ortheast corner of N orth C entral Expressway and N orth
C arroll Avenue, which Trammell C row C ompany, Inc. ("C row") proposes to develop for a
Sam's C lub at the corner of N orth C entral Expressway and C arroll Avenue (the
"D evelopment").
3. I received notices that the D allas C ity Plan C ommission would hold a public hearing
on May 2, 2013, on a zoning change request to consider an application for a Planned
D evelopment D istrict for MU -3 Mixed U se D istrict uses, and that the D allas C ity C ouncil
would hold a public hearing on May 22, 2013, on a zoning change request to consider an
application for a Planned D evelopment D istrict for MU -3 Mixed U se D istrict uses (the
"N otices").
4. The N otices did not inform me that the nature of the pending zoning change
proposal would include as a permitted use a general merchandise or food store 100,000
square feet or more.
5. I am opposed to the use of the D evelopment for a general merchandise or food store
100,000 square feet or more. I believe this is an inappropriate use for the D evelopment
AF F ID AVIT O F D AVID SHAW-PAGE 1
PLAI NTI FF' S ORI GI NAL PETI TI ON - PAGE 143
CRAIG JASSO
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP. 4/01/17
because this use is inconsistent with the character of the surrounding community, the
increased traffic flow from this use would substantially burden my transportation needs
and pose a safety risk to the nearby schools and L ighthouse for the Blind, and this use
would suppress the value of my property.
6. I could not determine from the N otices that I should be present at the public
hearings on May 2 and May 22, 2013 to oppose the proposed zoning change because the
N otices did not inform me that the proposed zoning change would permit, or that the
applicant intended to develop, a general merchandise or food store 100,000 square feet or
more.
7. O n April 24, 2013, I attended a community meeting held by C row at Alex W. Spence
Talented/Gifted Academy to discuss the D evelopment with the neighbors living around it
(the "Spence Meeting").
8. At the Spence Meeting, C row presented a mixed-use development called the "East
Village," and did not inform me that the D evelopment would include a general merchandise
or food store 100,000 square feet or more.
9. Had I known that the proposed zoning change was intended to permit the
development of a general merchandise or food store 100,000 square feet or more, I would
have attended the May 2 and May 22, 2013 public hearings to oppose the zoning change.
F U RTHER AF F IAN T SAY ETH N O T.
SU BSC RIBED AN D SWO RN TO BEF O RE ME on the e," day of July, 2014.
N o r. ry P n and for the State of Texas
N o ry's ted name:
My C ommission Expires:
1 1 _ 0 1 - - 2 , 0 1 7 ' .
AFFIDAVIT OF DAVID SHAW-PAGE 2
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