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Park West Crossing-ES161102iil9!'l�l!N�Il�l�4�1� N'���'V"1, DECLARATION OF PRIVATE WATER LINE EASEMENT THIS DECLARATION OF PRIVATE 2016 by MLRP Park Wes ("Declarant"). WATER LINE EASEMENT is made this id -111 day of Crossing, LLC, a Delaware limited liability company. Introductory Provisions: A. Declarant owns a certain tract of land located in the City of Coppell, Dallas County, Texas, and described as Lot 1, Block A PARK WEST CROSSING, an addition to the City of Coppell recorded in Instrument Number 201400079953 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), (the "Property"). Said Declarant also owns a tract of land in the City of Coppell, Dallas County, Texas, and described as Lots 2, 3, 4, & 5, Block A PARK WEST CROSSING, an addition to the City of Coppell record in Instrument Number 201600116983 O.P.R.D.C.T ("Adjoining Property"). B. Declarant desires to create a private water line easement upon and across the Property to provide for the proper fire line flow for Lots 1, 2, 3, 4, & 5. NOW, THEREFORE, Declarant hereby declares the Property shall be held, sold, used and conveyed subject to the following private water line easement and covenants, which shall run with the title of the Property: 1. The Property is hereby made subject to a private water line easement (the "Easement") along a certain length of the of the Property as more particularly described in Exhibit A attached hereto. 2. The Easement shall be for the purposes of providing fire flow to Lot 1 on the Property and Lots 2, 3, 4, and 5 on the Adjoining Property and shall include the rights to excavate the land within the Easement to install pipes, valves, fittings, and hydrants, and to keep, maintain, repair and replace all improvements so constructed. 3. After Declarant shall have constructed within the Easement the water line used for fire flow purposes, such water line shall not be materially altered without the consent of the owners of all of the Property benefited by the Easement; provided however, that consent shall not be unreasonably withheld or delayed if alteration is reasonably necessary to accomplish proper fire flow requirements. Each owner of any portion of the Property shall maintain the water facilities within the portion of the Easement located on such owner's portion of the Property in a state of good repair so that the water line shall function as intended. 4. If an owner fails to maintain the water facilities located within the Easement on such owner's portion of the Property, any other owner may enforce such obligation by any lawful means, and shall have the right of ingress and egress to or from and upon the Easement for the purpose of inspecting, maintain, reconstructing and adding to or removing all or parts of its water facilities, and the right to remove and keep removed all or parts of any building, fences, shrubs, trees, or other improvements or growths which, in any way, endanger or interfere with the construction, maintenance or efficiency of its use of the Easement. 5. This Declaration shall be binding upon all parties having any right, title or interest in any portion of the Property, their heirs, successors, and assigns, and shall inure to the benefit of Declarant and each owner of any portion of the Property. EXECUTED as of the date set forth above. I D X41 W. '1TAk' E MLRP Park West Crossing LLC, a Delaware limited liability company By: ML Realty Partners LLC, A Delaware limited liability company, its sole member By: Ti Geisler Vice President THE STATE OF ILLINOIS § COUNTY OF AGC § BEFORE ME, the undersigned authority, on this day personally appeared Tim Geisler, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of ML Realty Partners LLC, a Delaware limited liability company, sole member of MLRP Park West Crossing LLC, as the Vice President thereof, for the purposes and consideration therein expressed, in the capacity therein stated and that he is authorized to do so. GI V N UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2P16. L'cnur 11) Notary Public in and for the State of Illinois My Coni fission Expires: =PUBLAjF IC L S OF ILLINOIS ESA1/18117 EXHIBIT "A" PRIVATE WATER LINE EASEMENT 1,282 SQUARE FEET (0.0294 ACRES) IN LOT 1, BLOCK A, PARK WEST CROSSING CITY OF COPPELL, DALLAS COUNTY, TEXAS BEING a 1,282 square foot tract of land situated in the James A. Simmons Survey, Abstract Number 1296, Dallas County, Texas, and being part of Lot 1, Block A, Park West Crossing, an addition to the City of Coppell as recorded in Instrument Number 201400079953 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being part of that tract of land described in Special Warranty Deed to MLRP Park West Crossing LLC, as recorded in Instrument No. 201400157553, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a found 5/8 -inch iron rod with yellow plastic cap stamp "HALFF" for the northwest corner of said Lot 1, said corner being the intersection of the east right-of- way line of Freeport Parkway (a variable width right-of-way) and the south right-of-way line of Southwestern Boulevard (a variable width right-of-way); THENCE North 85 degrees 29 minutes 28 seconds East, along said south right-of-way line, a distance of 646.30 feet to the POINT OF BEGINNING of the herein described tract; THENCE North 85 degrees 29 minutes 28 seconds East, continuing along said south right-of-way line, a distance of 15.00 feet to a point for corner from which a found Mag Nail with a washer stamped "HALFF" for the northeast corner of said Lot 1 bears North 85 degrees 29 minutes 28 seconds East, 36.93 feet; THENCE departing said south line and over and across said Lot 1 the following bearings and distances; South 04 degrees 33 minutes 30 seconds East, a distance of 36.04 feet to a point for corner; South 00 degrees 04 minutes 52 seconds East, a distance of 0.99 feet to a point for corner; North 89 degrees 57 minutes 46 seconds East, a distance of 34.00 feet to a point for corner on the common east line of said Lot 1 and west line of Lot 2 of Park West Crossing, Lots 2, 3, 4 & 5, Block A, an addition to the City of Coppell as recorded in Instrument Number 201600116983, O.P.R.D.C.T.; THENCE South 00 degrees 04 minutes 52 seconds East, along said common line between Lots 1 and 2, a distance of 15.00 feet to a point for corner; THENCE departing said common line and over and across said Lot 1 the following bearings and distances; South 89 degrees 57 minutes 46 seconds West, a distance of 49.00 feet to a point for corner; North 00 degrees 04 minutes 52 seconds West, a distance of 15.39 feet to a point for corner; Page 1 of 3 PRIVATE WATER LINE EASEMENT 1,282 SQUARE FEET (0.0294 ACRES) IN LOT 1, BLOCK A, PARK WEST CROSSING CITY OF COPPELL, DALLAS COUNTY, TEXAS North 04 degrees 33 minutes 30 seconds West, a distance of 35.47 feet to the POINT OF BEGINNING AND CONTAINING 1,282 square feet or 0.0294 acres of land, more or less. The Basis of Bearing is the south line of Southwestern Boulevard (N 85 degrees 29 minutes 28 seconds East), as shown on Plat of Lot 1, Block A, Park West Crossing, an addition to the City of Coppell recorded in Instrument No. 201400079953, O.P.R.D.C.T. An exhibit of even date accompanies this description. ANDREW J. SHAFER REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTERED NO. 5017 TBPLS FIRM NO. 10029600 Page 2 of 3 30 60 90 120 A SIMMONS SURVEY ABSTRACT NO. 1296 PRIVATE WATER LINE EASEMENT (1,282 S0. FT. vl 0.0294 ACRE) C ARIABLE WIDTH R.O.W.) FOUND MAG i BLVD NAIL W/WASHER 5/8" FIR SOUTHWESTERN L POINT OF Stamped "HALFF" i W/"HALFF" BEGINNING (C.M.) I CAP N85 -29'28'E POINT OF (C -M-) L1 1,483.17' COMMENCING _ _ _ _ 36-93' N85`29'28"E 646.30' -----_ _— L3 ` — — WATER Fp5£MENT - - INST. NO. 2014000799 a - -L4 — / L5 A= 06°39'02" —---------- —— 0.1..-- R= 795.00' I 15 DRAINAGE & UTILITY I L6 \r T= 46.19' ) EASEMENT L= 92.28' I 20' DRAINAGE EASEMENT VOL. 81090, PG. 480 / ~ CL= 92.23' I VOL. 93070, PG. 7470 D.R.D.C.T, / 1 IZ II CB= NO3'14'44"Ei I I 25'x 25' CORNER CLIP 4 I j a I l IM II I EASEMENT 24' FIRE LANE EASEMENTT INST. NO. 201400079953 I I VOL. 81090, PG. 480 I Z o a UJ D.R.D.C.T. I 1 Nm� IwODI i LOT 1, BLOCK A I I ��o I(1-1 DI PARK WEST CROSSING I as1D I�IfroI I I j DOC. No. 201400079953 I v Q� -JI��I z� 977,808 SQUARE FEET I 3r 6 I 13�I LU LID 0R I Y I IW o wZI 0 22.447 ACRES I I aNw 1< Q o I I o 0 1 a }o (OWNER) Ixzl MLRP PARK WEST I I -Jz1.2j CROSSING LLC �°-q DOC. NO. 201400157553 DART 4 N o:: SpuTMli.it w I �Zo j�VI I i �.11J,�C�p 6'S LLyNORTH Z w 3:1 1 ... .c3� AIRLINE tECT w E Ln 1 ANDREW J. SHAFE... LOCATION MAP 501 t �.�„ NOT TO SCALE Z� sitEXHIBIT "A" ' s PRIVATE WATER LINE EASEMENT Note: Y�t> �- g-201& 1. Basis of bearings is the south line of Southwestern Boulevard (N 85 degrees 29 minutes 28 seconds East), as shown on Plat of Lot 1, Block A, Park West Crossing, an addition to the City of Coppell recorded in Instrument No. 201400079953, O.P.R.D.C.T. LEGEND FIR FOUND IRON ROD W/CAP WITH YELLOW CAP STAMPED "HALFF" 1" FIP ONE INCH FOUND IRON PIPE C. M. CONTROL MONUMENT DOC.NO. DOCUMENT NUMBER Page 3 of 3 1,282 SQ. FT. (0.0294 ACRES) LOT 1, BLOCK A, PARK WEST CROSSING SITUATED IN THE JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296 CITY OF COPPELL, DALLAS COUNTY, TEXAS FOR MLRP PARK WEST LAND, LLC 1111141111111 HALFF TBPLS FIRM NO. 10029600 HALFF ASSOCIATES, INC. ENGINEERS - SURVEYORS 1201 NORTH BOWSER ROAD - RICHARDSON, TEXAS - 75081-2275 SCALE: 1"=60' TELE 214-346-6200 AVO. 31087 SEPTEMBER, 2016 SCALE: V=60' NO. BEARING DIST, L1 N85°29'28"E 15.00' LLJ z ~ J a SO4°33'30"E i �E-� xaI oa CID ax a- Ln a N89057'46"E 34.00' L5 S00004'52"E A SIMMONS SURVEY ABSTRACT NO. 1296 PRIVATE WATER LINE EASEMENT (1,282 S0. FT. vl 0.0294 ACRE) C ARIABLE WIDTH R.O.W.) FOUND MAG i BLVD NAIL W/WASHER 5/8" FIR SOUTHWESTERN L POINT OF Stamped "HALFF" i W/"HALFF" BEGINNING (C.M.) I CAP N85 -29'28'E POINT OF (C -M-) L1 1,483.17' COMMENCING _ _ _ _ 36-93' N85`29'28"E 646.30' -----_ _— L3 ` — — WATER Fp5£MENT - - INST. NO. 2014000799 a - -L4 — / L5 A= 06°39'02" —---------- —— 0.1..-- R= 795.00' I 15 DRAINAGE & UTILITY I L6 \r T= 46.19' ) EASEMENT L= 92.28' I 20' DRAINAGE EASEMENT VOL. 81090, PG. 480 / ~ CL= 92.23' I VOL. 93070, PG. 7470 D.R.D.C.T, / 1 IZ II CB= NO3'14'44"Ei I I 25'x 25' CORNER CLIP 4 I j a I l IM II I EASEMENT 24' FIRE LANE EASEMENTT INST. NO. 201400079953 I I VOL. 81090, PG. 480 I Z o a UJ D.R.D.C.T. I 1 Nm� IwODI i LOT 1, BLOCK A I I ��o I(1-1 DI PARK WEST CROSSING I as1D I�IfroI I I j DOC. No. 201400079953 I v Q� -JI��I z� 977,808 SQUARE FEET I 3r 6 I 13�I LU LID 0R I Y I IW o wZI 0 22.447 ACRES I I aNw 1< Q o I I o 0 1 a }o (OWNER) Ixzl MLRP PARK WEST I I -Jz1.2j CROSSING LLC �°-q DOC. NO. 201400157553 DART 4 N o:: SpuTMli.it w I �Zo j�VI I i �.11J,�C�p 6'S LLyNORTH Z w 3:1 1 ... .c3� AIRLINE tECT w E Ln 1 ANDREW J. SHAFE... LOCATION MAP 501 t �.�„ NOT TO SCALE Z� sitEXHIBIT "A" ' s PRIVATE WATER LINE EASEMENT Note: Y�t> �- g-201& 1. Basis of bearings is the south line of Southwestern Boulevard (N 85 degrees 29 minutes 28 seconds East), as shown on Plat of Lot 1, Block A, Park West Crossing, an addition to the City of Coppell recorded in Instrument No. 201400079953, O.P.R.D.C.T. LEGEND FIR FOUND IRON ROD W/CAP WITH YELLOW CAP STAMPED "HALFF" 1" FIP ONE INCH FOUND IRON PIPE C. M. CONTROL MONUMENT DOC.NO. DOCUMENT NUMBER Page 3 of 3 1,282 SQ. FT. (0.0294 ACRES) LOT 1, BLOCK A, PARK WEST CROSSING SITUATED IN THE JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296 CITY OF COPPELL, DALLAS COUNTY, TEXAS FOR MLRP PARK WEST LAND, LLC 1111141111111 HALFF TBPLS FIRM NO. 10029600 HALFF ASSOCIATES, INC. ENGINEERS - SURVEYORS 1201 NORTH BOWSER ROAD - RICHARDSON, TEXAS - 75081-2275 SCALE: 1"=60' TELE 214-346-6200 AVO. 31087 SEPTEMBER, 2016 LINE TABLE NO. BEARING DIST, L1 N85°29'28"E 15.00' L2 SO4°33'30"E 36.04' L3 S00°04'52"E 0.99' L4 N89057'46"E 34.00' L5 S00004'52"E 15.00' L6 S89057'46"W 49.00' L7 N00°04'52"W 15.39' L8 N04°33'30"W 35.47' A SIMMONS SURVEY ABSTRACT NO. 1296 PRIVATE WATER LINE EASEMENT (1,282 S0. FT. vl 0.0294 ACRE) C ARIABLE WIDTH R.O.W.) FOUND MAG i BLVD NAIL W/WASHER 5/8" FIR SOUTHWESTERN L POINT OF Stamped "HALFF" i W/"HALFF" BEGINNING (C.M.) I CAP N85 -29'28'E POINT OF (C -M-) L1 1,483.17' COMMENCING _ _ _ _ 36-93' N85`29'28"E 646.30' -----_ _— L3 ` — — WATER Fp5£MENT - - INST. NO. 2014000799 a - -L4 — / L5 A= 06°39'02" —---------- —— 0.1..-- R= 795.00' I 15 DRAINAGE & UTILITY I L6 \r T= 46.19' ) EASEMENT L= 92.28' I 20' DRAINAGE EASEMENT VOL. 81090, PG. 480 / ~ CL= 92.23' I VOL. 93070, PG. 7470 D.R.D.C.T, / 1 IZ II CB= NO3'14'44"Ei I I 25'x 25' CORNER CLIP 4 I j a I l IM II I EASEMENT 24' FIRE LANE EASEMENTT INST. NO. 201400079953 I I VOL. 81090, PG. 480 I Z o a UJ D.R.D.C.T. I 1 Nm� IwODI i LOT 1, BLOCK A I I ��o I(1-1 DI PARK WEST CROSSING I as1D I�IfroI I I j DOC. No. 201400079953 I v Q� -JI��I z� 977,808 SQUARE FEET I 3r 6 I 13�I LU LID 0R I Y I IW o wZI 0 22.447 ACRES I I aNw 1< Q o I I o 0 1 a }o (OWNER) Ixzl MLRP PARK WEST I I -Jz1.2j CROSSING LLC �°-q DOC. NO. 201400157553 DART 4 N o:: SpuTMli.it w I �Zo j�VI I i �.11J,�C�p 6'S LLyNORTH Z w 3:1 1 ... .c3� AIRLINE tECT w E Ln 1 ANDREW J. SHAFE... LOCATION MAP 501 t �.�„ NOT TO SCALE Z� sitEXHIBIT "A" ' s PRIVATE WATER LINE EASEMENT Note: Y�t> �- g-201& 1. Basis of bearings is the south line of Southwestern Boulevard (N 85 degrees 29 minutes 28 seconds East), as shown on Plat of Lot 1, Block A, Park West Crossing, an addition to the City of Coppell recorded in Instrument No. 201400079953, O.P.R.D.C.T. LEGEND FIR FOUND IRON ROD W/CAP WITH YELLOW CAP STAMPED "HALFF" 1" FIP ONE INCH FOUND IRON PIPE C. M. CONTROL MONUMENT DOC.NO. DOCUMENT NUMBER Page 3 of 3 1,282 SQ. FT. (0.0294 ACRES) LOT 1, BLOCK A, PARK WEST CROSSING SITUATED IN THE JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296 CITY OF COPPELL, DALLAS COUNTY, TEXAS FOR MLRP PARK WEST LAND, LLC 1111141111111 HALFF TBPLS FIRM NO. 10029600 HALFF ASSOCIATES, INC. ENGINEERS - SURVEYORS 1201 NORTH BOWSER ROAD - RICHARDSON, TEXAS - 75081-2275 SCALE: 1"=60' TELE 214-346-6200 AVO. 31087 SEPTEMBER, 2016 Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 10/31/2016 02:22:04 PM $42.00 i r s 201600305759