Country Estates-ES 920904 HOLD HARMLESS AGREEMENT & EASEMENT men
STATE OF TEXAS § DEED 14.00
TOTL 1.4. OO
§ t~001 22211 O000000 11718 3:48P~1 11/25/92
COUNTY OF DALLAS §
WItEREAS, the undersigned, H.T. Ardinger and Son, Co. is the owner of a tract of
land located within the corporate limits of the City of Coppell, Texas, said tract of land being
more particularly described in Exhibit "B" attached hereto and being the same tract of land
conveyed to the undersigned by Warranty Deed recorded in Volume 89147, at Page 2627,
Deed Records of Dallas County, Texas, and also shown on the plat attached hereto as
Exhibit "C" (herein "the property"); and
WHEREAS, a portion of said tract of land extends into the 100-year floodplain of
Grapevine Creek as established by City of Coppell Floodplain Management Ordinance; and
WHEREAS, the undersigned has made application to the floodplain administrator
for a floodplain development permit to construct an erosion control wall within the
floodplain at the location shown on Exhibit "C" attached hereto; and
WHEREAS, in consideration for the approval of said floodplain development permit,
the undersigned hereby agrees and grants the easement described herein as follows:
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That tbr and in consideration of the benefits to be derived by us we, the undersigned,
do hereby agree to defend, protect and hold harmless the City of Coppell, Texas, its officers,
agents, servants, employees, and floodplain administrator, as a result of or growing out of
actions by the City of Coppell, its officers, agents, servants, employees, or floodplain
administrator in approving the floodplain development permit attached hereto as Exhibit
"A" or resulting or growing out of the construction, location or maintenance of the
improvements permitted under said floodplain development permit. We further agree that
this Hold Harmless Agreement and Easement shall continue in effect and bind us, our heirs,
successors and assigns and the land described herein until the improvement permitted under
said tloodplain development permit is removed.
Further, we, for and in consideration of One and No/100 Dollars ($1.00), other good
and valuable consideration and the benefits to be derived by us and the property, receipt of
which is hereby acknowledged, do by these presents grant, sell and convey unto the City of
Coppell, Texas, an easement and right of free passage in, along, upon and across the 100-
year floodplain of Grapevine Creek, necessary to permit the City of Coppell, Texas, and to
remove, if necessary, any improvement constructed within the floodplain area pursuant to
said floodplain development permit.
The undersigned further agree that this agreement may be recorded in the Deed
Records of Dallas County, Texas.
92231 59q3
TO HAVE AND TO HOLD unto the City of Coppell, Texas, as aforesaid, the
premises above described.
EXECUTED this ~ dayof r~O, ~ ,19 ~-.~ .
H.T. Ardinger and Son Co.
By:
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS
_ This instrument was acknowledged before me on the '~ day of ~
19._~, by Ar.~'.~/A/~"'t_ :J~..
xi ~X~'**'~ March ~, 1995
Nota~'s name (printed)
Nota~'s commission expires:~ ~
92231 59t t
EXHIBIT "B"
Being a 13.95 acre tract of land situated in the Edward A. Crow
Survey, Abstract No. 301 in the City of Coppell, Dallas County,
Texas, and being a part of a 14.57 acre tract as described in
deed to W.G. Thompson, Trustee, as recorded in Volume 72203, Page
1342 of the Deed Records of Dallas County, Texas and being more
particularly described as follows:
BEGINNING at a 1/2" iron rod found for corner at the northeast
corner of said Thompson Tract, same being the northwest corner of
a 22.03 acre tract as described in Deed to J.C. Thweat as
recorded in Volume 77093, Page 0009 of the Deed Records of Dallas
County, Texas;
THENCE, South 01° 02" 00" East, along a common line of said
Thompson and Thweat Tracts, passing at 5.78 feet a 1/2 inch iron
rod, passing at 481.10 feet a 1 3/4 inch iron pipe, passing at
759.73 feet a 1 1/2 inch iron pipe, passing at 944.88 feet a 1
inch pipe, in all a distance of 1143.39 feet to a point in the
center of Grapevine Creek;
THENCE, up the center of Grapevine Creek as follows:
South 62° 02' 10" West, 164.81 feet;
South 60° 42' 21" West, 147.91 feet;
South 79° 02' 48" West, 129.82 feet;
South 60° 04' 57" West, 153.18 feet;
THENCE, North 01° 02' 00" West, departing said center of
Grapevine Creek, and along a barbed wire fence with the east line
of Harris Street (Variable Width R.O.W.), a distance of 1,103.12
feet to a 1/2 inch iron rod at the intersection of the east line
of Harris Street (Variable Width R.O.W.) and the southeast line
of Bethel School Road (55 foot R.O.W.);
THENCE, North 61° 25' 00" East, along said southeast line of
Bethel School Road, a distance of 608.18 feet to the POINT OF
BEGINNING;
CONTAINING, 13.9523 acres (607,760.64 square feet) of land.
92231 5946
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LOTS
C~TRY ESTATES
15.~2~ ~RE TRACT
CiTY OF ~EL~ ' OALLAS ~UNTY, TEXAS
STATE OF T~
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