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ST9605-ES 971017 (6) DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRE COUNTY OF DALLAS § THAT the term Grantor used herein shall be construed in the singular '~-ral~'~S"ndS~sx~ term respectively represents one or more than one person. THAT, Greenway - Grapevine/Coppell Partners L.P., A Texas Limited Partnership, known herein as GRANTOR, in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by GRANTOR (the "easement") for the purpose of constructing a drainage system with the right and privilege at all times, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises (the "easement") for the purpose of making additions to, improvements on and repairs to said drainage system r any part thereof. Said easement being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. Than in consideration of the benefits above set out, GRANTEE will remove from the easement, such fences, buildings and other obstructions as may be found upon said property. After construction of the drainage system has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the easement for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the drainage improvements and restoration of the surface, GRANTEE shall not be obligated for future maintenance and upkeep of the surface area. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this (~%ay of _~q'~~ , 1997. GRANTOR: GREENWAY-GRAPEVINE/COPPELL PARTNERS, L.P., a Texas limited partnership By: GREENWAY-NORTHPOINT,~INC., a Texas corporation, G~en~rgl P~trtner By: ~/tJ/~, ~ ,~ Gerald H. Stool, President STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the i day of October, 1997, by Gerald H. Stool, President of Greenway-Northpoint, Inc., a Texas corporation, on behalf of said corporation acting as General Partner of Greenway-Grapevine/Coppell Partners L.P., a Texas limited partnership. tary t-ublic~in and for the - /,~x~ NOTARY PUBLIC ~ Stat~ of Texas ~,~k~'~]_Ci State of Texas ( ','~'"'~ Corem Exp. 0~-07-99 ~ EXHIBIT "A" DRAINAGE EASEMENT Being a tract or parcel of land situated in the J. Gibson Survey, Abstract Number 1716, City of Coppell, Dallas County, Texas. Said tract or parcel being a portion of that certain 23.318 acre tract conveyed to Greenway-Grapevine/Coppell Partners, L.P. by instrument of record in Volume 96097, Page 3964, Deed Records, Dallas County, Texas, said tract or parcel being more particularly described by metes and bounds as follows: COMMENCING at a TxDOT monument found for the Northern most corner of said 23.318 acre tract, said point also being on the Southeasterly right-of-way line of State Highway 121 (a variable width right-of-way); THENCE along on the Easterly line of said 23.318 acre tract, S00°04'28"W, 319.19 feet to a point for corner; THENCE along on the Easterly line of said 23.318 acre tract, S00°05'12"E, 555.92 feet to a 1/2" iron rod found for corner; THENCE continuing along said Easterly line, S02°47'55"E, 13.42 feet to a 1/2" iron rod set; THENCE departing said East line and on the proposed North right-of-way line of Northpoint Drive(a 90' right-of-way), 530.94 feet along the arc of a non-tangent curve to the right having a radius of 755.00 feet, a central angle of 40°17'33" and a chord bearing and distance of N69°26'50"W, 520.07 feet to a 1/2" iron rod set for corner; THENCE N49° 19'03 "W, 4.10 feet to the POINT OF BEGINNING; THENCE continuing N49°19'03 "W, 65.00 feet to a 1/2" iron rod set for corner, from which a TxDOT monument found bears, N40°39'49"E, 121.42 feet; THENCE on the East right-of-way line of said State Highway 121, N40°39'49"E, 68.00 feet to a point for corner; THENCE departing said East right-of-way line of said State Highway 121, S03°00'05"E, 94.03 feet to the POINT OF BEGINNING and CONTAINING 0.0507 acres or 2,210 square feet of land area, more or less, within these metes and bounds. ~ POItVT OF COMMEIVCIAIO~. CD x/ / F- / / FOUN o ,' TXDOT MNM T.".~ ~ o , .-J / /' / ×/ ,/ N~~ I I TXDOT MNMT. ./. /' II, ,/ z-I- / >,._l ~ = ._ I..LL O OIO SET 1/2' Ua !0 >"1~ IRON RO.. ~ (:~ , r~ OF 8EC~IN~ItVC; ., i'~., ~.' "..... ~'URVE DATA ,r',,, · ' " "' d='40°17'~]" iC,,d I .'. '. SET 1/2' R=755.00' o-~,, · ' .... .-~1,10-. -. IRON ROD L=5~0.9'~' ." '~' "... '..:: .~ ' '".. T=276.98' Lr)i SET 1/2' '"' '" CB=N69°26'50'W IRON ROD ' c,=~o.o-~' ~ ... FOUND 1/2'1 ~ ~.. -..... IRON ROD --,..,x/~,..'~ -. , ,. '"x. "'..,SO2°47'55"E "" ,r~,,~ c,',.o,:, x..,. '--.. -,,.-'-r SET l~/n2n-X. -...~...:.< ~"~'" . . ." .... .... ,,o, : , ",<. · . "' ~ ~-~"-..'."'x..'0~ .'"-~./s~':r 1i2 N "x '"' .x, ..,,~. C",o~RON ROD ~ -~"-,, .' . ~ . OREENWAY- GRAPEV I NE/C0PPEL L ~ L~:'~ ~-. "' VOL, 96097, PAOE 3964 d=ziOO21,38. - ~ .''~_~'-.< ~-{ ~~'-~. L=595.24' ~ .~. ..... T=310.57' ~ '-.... .... CB=S69°29'O9"E ~ ~. '-... CH=583,01' EXHIBIT " B" DRAINAGE EASEMENT LICHI,rI R/JAMESON Con~uldng Engincer~.S¢ienti~t~ and Planncr~