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Riverchase(3)-CS 880928 GINN, IN( . C()NSI]i TIN( I£N( INi,',i, RS September 28, 1988 te/~on Mr. Jay Pat , President Terra Land ~)~velopment Co. 5944 Luth~ Lane, Suite 502 Dallas,/~ 75225 Re: Proposed Waterline Easement Sandy Lake Road - Coppell, Dear Mr. Patterson: Pursuant to prior conversations and agreements, we are forwarding the proposed waterline easement, located along Sandy Lake Road, for your execution. Please sign, have notarized, and return both copies to our office for further processing. Should you have any questions, please contact us. Sincerely, Gabe Favre GF/dsp enclosu~ cc: ~u~Se~l Doyle, P.E., w/enclosure H. Wayne Ginn, P.E. Sanford Case, P.E., w/enclosure File 380/260 STATE OF TEXAS AFTER RECORDING RETURN TO: CITY OF COPPELL COUNTY OF DALLAS P.O. BOX 478 COPPELL, TEXAS 75019 20' WATERLINE EASEMENT DATE: September 28, 1988 GRANTOR (include mailing address): Terra Corporate Joint Venture 5944 Luther Lane, Suite 502 Dallas, TX 75225 GRANTEE (include mailing address): City of Coppell P.O. Box 478 Coppell, TX 75019 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are acknowledged by Grantor. DESCRIPTION OF EASEMENT AREA: A twenty foot (20') wide strip of land along Sandy Lake Road in Coppell, Texas, more particularly described in Exhibit "A" attached hereto and by reference made a part hereof. EASEMENT PURPOSE: This Easement permits one (1) underground waterline thirty-six inches (36~) in diameter and includes the right to construct, reconstruct, inspect, maintain and remove such waterline. The entire waterline must be located within twenty feet (20') of the Southern boundary of the existing right-of-way of Sandy Lake Road. Grantor conveys to Grantee an easement and right-of-way along, over and under the Easement Area for the purposes permitted above but none other, TO HAVE AND TO HOLD, unto Grantee, its successors and assigns, provided, however, this conveyance is made and accepted subject to the following conditions: 1. Grantee's rights shall automatically terminate and be of no further force and effect if Grantee, its successors or assigns shall discontinue use of the Easement Area for the purposes described above. The termination shall not affect Grantee's duties under this Easement. 2. In exercising Grantee's rights, Grantee agrees to use best reasonable efforts to prevent and minimize damage and injury to the Easement Area and any improvements thereon and the property appurtenant or adjacent thereto. If in exercising Grantee's rights hereunder, Grantee shall cause any damage, injury or change to the Easement Area or property appurtenant or adjacent thereto, Grantee shall promptly repair and restore the Easement Area. If Grantee shall fail to do so, Grantor may repair and restore the Easement Area and the cost thereof together with interest at the highest rate allowed by law shall be due and payable by Grantee upon demand. 3. This Easement is exclusive except that Grantor reserves the right to: (a) grant other rights to install utility lines within the Easement Area provided the other lines cross substantially perpendicular to the Easement Area; (b) construct concrete or asphaltic driveways, roadways, alleys, parking facilities or streets (that cross substantially perpendicular) within the Easement Area; (c) install shrubbery, landscaping, landscape irrigation, berms and other similar decorative improvements within the Easement Area (except trees shall not be planted within five feet (5') of the waterline); and (d) use the surface of the Easement Area for pedestrian ingress and egress. 4. Grantee shall at all times properly maintain the facilities to be placed in the Easement Area. Grantee will not permit or create a nuisance to exist in the exercise and use of the rights and privileges herein granted and, in particular, Grantee shall promptly repair any defect in or damage to the facilities to be placed in the Easement Area. 5. Grantee agrees to indemnify and hold Grantor harmless from any and all liens, liabilities, losses, expenses, damages (including reasonable attorney's fees) and claim for injury or damage to persons or property which result from, arise out of or are attributable to the activities undertaken by Grantee pursuant to the rights and privileges herein granted. 6. The rights and obligations set forth in this Easement shall bind and inure to the benefit of the successors and assigns of Grantor and Grantee and shall run with land so as to benefit and burden the future owners of any direct or indirect interest in the real property encumbered by this Easement. LIENHOLDER'S CONSENT AND SUBORDINATION The undersigned holder of lien against the Easement Area consents to the grant of this Easement and agrees that the vendor's lien retained in deed dated March 2, 1985, recorded in Volume 85072, Page 4454, Deed Records, Dallas County, Texas, is hereby subordinated, in all respects, to the provisions of such Easement. LIENHOLDER: FIRST TEXAS SAVINGS ASSOCIATION By: Printed Name: Title: Date: STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on , 1988, by , on behalf of First Texas Savings Association. NOTARY PUBLIC, THE STATE OF TEXAS Print Name: My Commission Expires: EXECUTED effective as of the day first written above. TERRA CORPORATE JOINT VENTURE, a Texas joint venture By: Terra Land Development Co., a Texas corporation, Venture Manager By: Jay Patterson, President STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on , 1988, by Jay Patterson, President of Terra Land Development Co., Venture Manager of Terra Corporate Joint Venture. NOTARY PUBLIC, THE STATE OF TEXAS Print Name: My Commission Expires: CURVE #1 CURVE #2 11~= 25°19',~6" Z~-22~§ 7'08 " R=5.~2. 47,' R= 552. 4~' ~= ~09.9~ ~= ~2. XG L = 21G.78 ' L = 221. ~2 ' CH = 21~. 29' CH= 219.8~' BRG= S 58°57'56"~ BRG=N 42O02'4/'~ A~~~~7~; R E TRACT l~5 /LINE EASEMENT PROP [UTU~E~[m ~ ~=~ RIVERCHASE, JOINT VENTURE ~ o VOL. 85072 P. 4454 ~ ~ ' zj DAVID MEYERS SURVEY ABSTRAC~ 886 '~> ~--~ ~ ~ s29o/3'4/ w 20 IG ' 2.05 AC~E TRACT CITY OF COPPELL ~ VOL. 1~1~ 8~1 ST~TlO~ SITE --~ ~o; 150' TP 8 L EASEMENT VOL. 657 R 106 CITY OF COPPELL DALLAS COUNTY, TEXAS- WATER LI NE EASEMENT RIVERCHASE, JOINT VENTURE .. Exhibit - A sco~e: ~"= ~oo' GINN, INC,, Consulting Engineers, D(311os, Tex(]s Dote: 9/7/88 DESCRIPTION 0.4245 ACRES 20' WATER LINE EASEMENT Being a tract or parcel of land situated in the David Meyers Survey, Abstract 886, Dallas County, Texas, and being more particularly described as follows: Beginning at an iron rod in the South right-of-way line of Sandy Lake Road, (an 80' wide right-of-way), said point being on the West line of a 2.05 acre tract of land conveyed to the Trinity River Authority by instrument of record in Volume 73113, Page 831 of the Deed Records of Dallas County, Texas; said point being N 53° 32' 28" W, a distance of 299.95 feet from a point of intersection of Sandy Lake Road right-of-way and TP & L easement as recorded in Volume 657, Page 106, Deed Records, Dallas County, Texas; and said point also being the POINT OF BEGINNING; THENCE, leaving said South right-of-way, and along the West line of said 2.05 acre tract, S 29° 13' 41" W, a distance of 20.16 feet to a point, said point being on the Easterly line of a varying width drainage easement as recorded in Volume 81012, Page 1311, Deed Records of Dallas County, Texas; THENCE, N 53° 31' 19" W, parallel to and 20' from the existing South right-of-way of Sandy Lake Road, a total distance of 850.89 feet to a point on a curve to the left; said curve having a central angle of 23° 19' 36", a radius of 532.47 feet, and a chord bearing S 38° 57' 56" W, a distance of 215.29 feet, continuing along the arc of the curve a distance of 216.78 feet to a point on the East line of a 0.758 acre tract of land conveyed to the Coppell Municipal Utility District No. 1, by instrument of record in Volume 75222, Page 1202 of the Deed of Records of Dallas County, Texas; THENCE, N 00° 07' 27" E, along the East line of the aforementioned 0.758 acre tract, a distance of 20.22 feet to a point on a curve to the right, said point also being the most northerly northeast corner of said 0.758 acre tract, and the South right-of-way line of Sandy Lake Road; THENCE, along the existing South right-of-way line of Sandy Lake Road, with a curve to the right, said curve having a central angle of 22° 57' 08", a radius of 552.47 feet, a chord bearing N 42° 02' 41" E, a distance of 219.84 feet, continuing along the arc of the curve a distance of 221.32 feet to a point; THENCE, continuing along the existing South right-of-way of Sandy Lake Road, S 53° 31' 19" E, a distance of 848.35 feet to the POINT OF BEGINNING, containing 0.4245 acres of land, more or less.