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Peninsulas-ES 950815 NON-EXCLUSIVE RECREATIONAL EASEMENT ~:~440~70 1~/1~/% 311~-~ ~1.~ ~ed THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF DENTON AND DALLAS That the undersigned, DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 (hereinafter called "Grantor"), for and in consideration of certain good and valuable consideration paid to Grantor by the City of Coppell, Texas, whose address is 255 Parkway Boulevard, Coppell, Texas 75019 (hereinafter called "Grantee") does hereby GRANT, BARGAIN, SELL AND CONVEY upon the terms hereinafter set forth to Grantee, its successors and assigns, an easement and the right to construct and maintain walking and bicycling trails or paths, landscaping, park benches, and similar facilities for the use of the general public on that certain tract of land owned by Grantor described in Exhibit "A" attached hereto and made a part hereof (the "Easement Tract"). The easement hereby granted is subject to the following provisions: (1) At such time as Grantee constructs any recreational improvements within the Easement Tract, such as those specified above, Grantee shall become responsible for the maintenance of the entire Easement Tract, including repairs and maintenance of the improvements installed by Grantee and the mowing of the Easement Tract. (2) The easement, rights and privileges granted herein are non-exclusive and Grantor reserves and retains the right to use the Easement Tract for all purposes which do not unreasonably interfere TG~\43005.\EAS~PEDESTRIAN3182 with the rights hereby granted, including the granting of other easements. (3) The easement, rights and privileges granted herein and the obligations of Grantee shall be perpetual or for so long as Grantee shall utilize the easement for the purposes intended. The easement, rights and privileges granted herein and Grantee's obligations hereunder shall terminate when, or at such time, as the purposes hereof cease to exist, are abandoned by Grantee, or become impossible of performance. (4) The easement, rights and privileges granted herein shall be subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements of record, including all laws, regulations, and restrictions by municipal or other governmental authority applicable to and enforceable against the Easement Tract. TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns, forever, subject to all of the terms, provisions and conditions hereof. WITNESS, the execution hereof on this /~f day of /~'~ 1995. "GRANTOR" Denton County Levee Improvement District No. 1 Chairman Board of Directors T~\43005 . \EASRPEDESTRIAN3182 2 962[ 01832 / / City of Coppell Its: ~ ~-~ THE STATE OF TEXAS COUNTY OF ~~.~ This instrument was acknowledged before me on ~~ /~, 1995 by Ross Hatchett, Chairman, Board of Directors, De~ton County Levee Improvement District No. 1, a political subdivision, in the capaci~M therein stated on behal~ of sai~ subdivision. Notary P~lic in an or the ~~~~~ ~~ of T E X A S T~OTHY GREEN ~ '"~ THE STATE OF TEXAS COUNTY OF.~ ',-';_1 ,/,./'~J./ .; ~/. This instrument was acknowledged before me on~//~4/ /7 , Coppell., in the capacity therein stat~l on behalf ~ ~%~A~% % State of T E X A S ~ ~-~, ,¢ ~ Name Prin~ed or Typed . . ~. ~',~:~,f .~ My co~ission expires: After~ro~ng, please return %o: Mr. Timothy G. Green Coats, Rose, Yale, Holm, R~an & Lee, P.C. 1001 Fannin, Suite 800 Houston, Texas 77002-6707 T~G\43005 . \EASEPEDESTRIAN3182 3 962L 01833 TRACT "A" CENTERLINE DESCRIPTION 15 FOOT HIKE & BIKE TRAIL EASEMENT BEING THE CENTERLINE OF A 15 FOOT EASEMENT SITUATED IN THE WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1791, DALLAS COUNTY, TEXAS AND BEING OUT OF LOT 2, BLOCK K, FINAL PLAT OF VISTA RIDGE AS RECORDED IN CABINET F, PAGE 271 OF THE MAP RECORDS OF DENTON COUNTY, TEXAS. BEARING BASIS IS FINAL PLAT OF THE PENINSULAS OF COPPELL AS RECORDED IN VOLUME 95139, PAGE 2237 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS. SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 2, BLOCK K, FINAL PLAT OF VISTA RIDGE, COMMON WITH THE EAST LINE OF MACARTHUR BOULEVARD AS DESCRIBED IN DEED TO THE CITY OF COPPELL FOR MACARTHUR BOULEVARD AS RECORDED IN VOLUME 91180, PAGE 3621, DEED RECORDS OF DALLAS COUNTY, TEXAS, FROM SAID POINT A 1/2 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID LOT 2, BEARS S 01 °51 '39" E, A DISTANCE OF 61.42 FEET; THENCE THROUGH SAID LOT 2, BLOCK K, WITH THE CENTERLINE OF A 15 FOOT EASEMENT THE FOLLOWING CALLS: ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 163.93 FEET, A DELTA ANGLE OF 02°44'09", A LONG CHORD THAT BEARS S 75° 10'28" E A DISTANCE OF 7.83 FEET, AN ARC DISTANCE OF 7.83 FEET TO A POINT; S 74"57'04" E A DISTANCE OF 105.11 FEET TO A POINT; S 74°57'16'' E A DISTANCE OF 137.04 FEET TO A POINT; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 146.56 FEET, A DELTA ANGLE OF 12°12'50'', A LONG CHORD THAT BEARS S 80°57'15`' E A DISTANCE OF 31.16 FEET, AN ARC DISTANCE OF 31.24 FEET TO A POINT; S 86°30'51" E, A DISTANCE OF 93.15 FEET TO A POINT; S 89°18'20" E, A DISTANCE OF 94.32 FEET TO A POINT; S 83°59'58" E, A DISTANCE OF 99.92 FEET TO A POINT; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 441.98 FEET, A DELTA ANGLE OF 03°17'44'', A LONG CHORD THAT BEARS S 88°39'29'' E A DISTANCE OF 25.42 FEET, AN ARC DISTANCE OF 25.42 FEET TO A POINT; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 541.25 FEET, A DELTA ANGLE OF 07°27'22", A LONG CHORD THAT BEARS S 89°08'58'' E A DISTANCE OF 70.39 FEET, AN ARC DISTANCE OF 70.44 FEET TO A POINT; HBEAST. FNS I July 30. 1996 01834 S 86°59'41" E, A DISTANCE OF 54.13 FEET TO A POINT; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 132.94 FEET, A DELTA ANGLE OF 15°39'15'', A LONG CHORD THAT BEARS S 76°56'23'' E A DISTANCE OF 36.21 FEET, AN ARC DISTANCE OF 36.32 FEET TO A POINT; THENCE S 70°56'52" E, A DISTANCE OF 24.58 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 2, BLOCK K, COMMON WITH THE NORTHERLY LINE OF SAID FINAL PLAT OF THE PENINSULAS OF COPPELL, FROM SAID POINT A 5/8 INCH CAPPED IRON ROD MARKED "CARTER & BURGESS" FOUND MARKING A POINT ON SAID COMMON LINE BEARS S 86°32'11" E, A DISTANCE OF 112.52 FEET. HBEAST. FNS 2 Juhj 30, 1996 TRACT "B" CENTERLINE DESCRIPTION 15 FOOT HIKE & BIKE TRAIL EASEMENT BEING THE CENTERLINE OF A 15 FOOT EASEMENT SITUATED IN THE WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1791, DALLAS COUNTY, TEXAS AND BEING OUT OF LOT 5, BLOCK G, FINAL PLAT OF VISTA RIDGE AS RECORDED IN CABINET F, PAGE 271 OF THE MAP RECORDS OF DENTON COUNTY, TEXAS. BEARING BASIS IS FINAL PLAT OF THE PENINSULAS OF COPPELL AS RECORDED IN VOLUME 95139, PAGE 2237 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS. SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 5, BLOCK G, FINAL PLAT OF VISTA RIDGE, COMMON WITH THE WEST LINE OF MACARTHUR BOULEVARD AS DESCRIBED IN DEED TO THE CITY OF COPPELL FOR MACARTHUR BOULEVARD AS RECORDED IN VOLUME 91180, PAGE 3821, DEED RECORDS OF DALLAS COUNTY, TEXAS, FROM SAID POINT A 1/2 INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID LOT 5, BEARS S 03"33'18" E, A DISTANCE OF 66.74 FEET; THENCE THROUGH SAID LOT 5, BLOCK G, WITH THE CENTERLINE OF A 15 FOOT EASEMENT THE FOLLOWING CALLS: ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 59.84 FEET, A DELTA ANGLE OF 08°26'01', A LONG CHORD THAT BEARS S 77°24'08'' W A DISTANCE OF 8.80 FEET, AN ARC DISTANCE OF 8.81 FEET TO A POINT; S 73"43'41" W, A DISTANCE OF 41.78 FEET TO A POINT; S 74"04'05" W, A DISTANCE OF 76.35 FEET TO A POINT' S 79°24'38'' W, A DISTANCE OF 77.38 FEET TO A POINT' S 81"20'01" W, A DISTANCE OF 27.90 FEET TO A POINT' S 84"01'59" W, A DISTANCE OF 43.62 FEET TO A POINT' S 86"47'20" W, A DISTANCE OF 69.85 FEET TO A POINT' S 86"05'45" W, A DISTANCE OF 85.50 FEET TO A POINT' S 82°53'55" W, A DISTANCE OF 18.35 FEET TO A POINT' S 70"57'05" W, A DISTANCE OF 21.33 FEET TO A POINT' S 64°22'15" W, A DISTANCE OF 54.19 FEET TO A POINT' S 50°40'15'' W, A DISTANCE OF 31.64 FEET TO A POINT' HL~V~-'~.~-'T. FNS I July 30. 1996 962qq 0 836 THENCE S 06°40'46" W, A DISTANCE OF 35.98 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 5,BLOCK G, COMMON WITH THE NORTHERLY LINE OF SAID FINAL PLAT OF THE PENINSULAS OF COPPELL, FROM SAID POINT A 5/8 INCH CAPPED IRON ROD MARKED "CARTER & BURGESS" FOUND MARKING AN ANGLE POINT IN SAID COMMON LINE BEARS N 60°52'19'' E, A DISTANCE OF 53.49 FEET. {~~,~.t :L.";;~ ..-~:'-' .~;' ':..;~". - , HBWIEST. FNS 2 July 30, 1996 962k[', 01837