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ST8804-ES 911018 (2) STORM DRAINAGE THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS That The Parks of Coppell Trust ("Grantor"), acting by and through its Trustee, for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration in hand paid by the City of Coppell, Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED unto Grantee, and does by these presents GRANT, BARGAIN, SELL AND CONVEY unto Grantee, the free and uninterrupted use, liberty and privilege of passage in, under, along, upon and across that certain land located' in the City of Coppell, Dallas County, Texas, owned by Grantor described by metes and bounds on attached Exhibit A and depicted on attached Exhibit B, both attached Exhibit A and attached Exhibit B being incorporated herein by reference for all purposes (the "Easement Area"), for the purpose of locating, constructing, placing, connecting to, using, operating, repairing, maintaining, replacing, relocating and removing underground storm drainage lines and other necessary drainage improvements (the "Easement"). TO HAVE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee and Grantee's successors and assigns forever. Notwithstanding anything to the contrary contained herein, Grantor hereby expressly reserves unto Grantor and Grantor's.successors and assigns the right to use and enjoy the Easement Area for any purposes which do not unreasonably interfere with the rights granted to Grantee herein, including, without limitation, the right to: (i) grant or dedicate additional easements or rights-of-way in, under, along, upon and across the Easement Area; and (ii) locate, construct, place, repair, maintain, replace, relocate and remove in, under, along, upon and across the Easement Area roads, streets, alleys, driveways, walkways, passageways, utility improvements, parking improvements, lighting improvements, fences, signs and landscaping. Notwithstanding anything to the contrary contained herein, it is u~derstood and agreed that this instrument creates an easement only and in no way grants, conveys or dedicates to Grantee any part of the underlying fee simple estate of Grantor in or to the Easement Area. The Easement shall terminate, without suit or remedy, when Grantee abandons the Easement. This instrument and all of the terms and provisions contained herein shall be covenants running with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. At Grantee's option, Grantee's rights hereunder also may be exercised by Grantee's employees, contractors, subcontractors and agents. EXECUTED as of the /~day of ~ , 1991. THE PARKS OF COPPELL TRUST By Trustee STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on ///,/~.' / , 1991, by Harry M. Hargrave, Trustee of The Parks of Coppell Trust. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /~ day of //~ /.~ , 1991. Notar~ Public in and for the State of New--MexTco CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Dedication of Storm Drainage Easement, dated f~ / , 1991, from The Parks of Coppell Trust to the City of Coppell, Texas~ has been duly accepted, subject to all terms and conditions contained herein, by resolution of the City Council, adopted ~ ~ , 1991, and the City Council has consented to recordation of s~ch Dedication of Storm Drainage Easement by its duly authorized officer. YOR,. C~ ~F COPPELL ATTEST: City Secre~ry, ~ity of Coppell STATE OF TEXAS S COUNTY OF DALLAS S This instrument was acknowledged before me on /~y ~ , 1991, by ~~ C%3~{~.~--~ , Mayor of the City of C~ppell, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~-~-- day of /~c~ , 1991. ry P~b~lic in and for he State of Texas After filing, please return to: II/~'~'~ DOROTHY ~.MOW$ II Richard M. Dooley i ,i Jackson&Walker Ii %~,/.: ~,1,1fl2 ~ i"~" 901 Main Street, Suite 6000 ~L>" __:: Dallas, Texas 75202 137342/D EXHIBIT A 15 ' x 100 ' DP. AINAGB EASi~I'I' BEING a tract of land situated in the S.A. & M.G.R.R. Survey, Abstract No. 1430 in the City of Coppell, Dallas County, Texas and being a portion of that certain tract of land as described in deed from Good Financial Corporation to M. Douglas Adkins, Trustee, as recorded in Volume 76188, Page 2355 in the Deed Records of Dallas County, Texas (D.R.D.C.T.) and being more particularly described as follows: COMMENCING at the northwest corner of a tract of land deeded to Ruth Perkins as recorded in Volume 69241, Page 459 of the D.R.D.C.T., said point also being on the centerline of Heartz Road (a 60' foot right-of-way) as recorded in Volume 90181, Page 3061 in the Plat Records of Dallas County, Texas; Thence N. 01"23'26" W., 550.00' along said centerline of Heartz Road; Thence S. 88"36'34" W., 30.00' to a point on the west line of Heartz Road, said point also being the POINT OF BEGINNING; THENCE S. 88"36'34" W., 15.00' leaving said, west line of Heartz Road to a point for corner; THENCE N. 01°23'26'' W., 100.00' to a point for'corner; THENCE N. 88°36'34'' E., 15.00' to a point for corner in the said west line of Heartz Road; THENCE S. 01°23'26'' E., 100.00' along said west line of Heartz Road to the POINT OF BEGINNING and containing 1500 square feet of land. EXHIBIT B DAN M. DOWDEY & ASSOCIATES u=/~/~"o,./~-~-~'~ 16250 DALLAS PKWY. DALLAS, TEXAS SUITE I00 (214) 931-0694 75248