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Riverchase(5)-ES 880627 (2) 'y STATE OF TEXAS § After Recording Return to: § City of Coppell COUNTY OF DALLAS § P.O. Box 478 Coppell, Texas 75019 RIVERCHASE*, A MASTER PLANNED COMMUNITY IN COPPELL, TEXAS LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEMENT Date: : , 1988 8527 2 2 06f27/88 Grantor (include mailing address): Golf Enterprises, a California General Partnership 1633 26th Street " Santa Monica, California 90404-4024 , Grantee (include mailing address): City of Coppell P.O. Box 478 Coppell, Texas 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: Tracts of land within Riverchase*, a Master Planned Community in Coppell, Texas, more particularly described in Exhibit "A" attached hereto and by reference made a part hereof. Easement Purpose: (a) This Easement permits landscaping improvements, landscape irrigation, berms, walkways and paths, screening walls and other similar decorative improvements. (b) This Easement also permits underground public utilities and associated surface facilities, including (but not limited to) water mains, sanitary sewer mains, natural gas mains, electrical supply lines, telephone and telegraph lines and television cable. Overhead aerial facilities are not permitted by this Easement. * Riverchase is a registered service mark. LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEMENT - Page I ~./ I 8/88 ,o,oF 8812 0527 (c) This Easement includes the right to construct, reconstruct, inspect, maintain and remove such underground public utilities. (d) This Easement benefits private owner's associations, including Riverchase* Owners Association, who are responsible for landscape maintenance, and public utility companies approved by Grantee. Grantor conveys to Grantee a public 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 upon Grantee's discontinuance of 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 property adjacent to the Easement Area. If in exercising Grantee's rights hereunder, Grantee shall cause any damage, injury or change to the property adjacent to the Easement, 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 non-exclusive and Grantor reserves the right to: (a) grant other rights to install utility lines within the Easement Area; (b) construct concrete or asphaltic driveways, roadways, alleys, parking facilities or streets within the Easement Area; (c) install shrubbery and other landscaping within the Easement Area; (d) use the surface of the Easement Area for pedestrian and vehicular ingress and egress; and (e) use the Easement Area for other purposes so long as they do not unreasonably interfere with the permitted use by Grantee. 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. LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEMENT - Page Z 1070F 5/ [ 8/88 88124 0528 5. Grantee agrees to indemnify and hold Grantor harmless from any and all liens, liabilities, losses, expenses, damages (including reasonable attorneys 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. This indemnity is intended to protect Grantor from the consequences of Grantor's own negligence, whether Grantor's negligence is the sole or a concurring cause of the damage. 6. This grant is made and accepted subject to all validly existing matters recorded in the official records of Dallas County, Texas. 7. 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. EXECUTED effective as of the day first written above. GOLF ENTERPRISES, a California general partnership By: ~ R illiams, G~neral Partner STATE OF CALIFORNIA § COUNTY OF LOS ANGE!.ES § This instrument was acknowledged before me on ~ /~, /~ , 1988, by Robert H. Williams, General Partner of Golf Enterprises, a California general partnership. *" '"! ': ."-; 7' :' '" I";:'.'l!:i:! :!'.~ . r'l.'.' ?" "' ....... * ' ":" I'.' ::::1,'1:1::I;!1' OFI.'ICIAI. SEAL ~ .........~ A,~TO,.I,~ Ih%~AELLA ~ LOS A~:GCLES COUNTY MyC0mm:,ssienExp~res3une2,1959 t C in and for ~,,..:,~,,..,:::,,:.,:.,:,..,:.~..:,,::,... ....... ..._ the State of CALIFORNIA My Co~ission Expires: ~'~'~ Print Name of Notary LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEMENT - Page 3 ,o,or 88{24 0529 ~/,,~8s LEGAL DESCRIPTION 10 FT. LANDSCAPE & UTILITY EASEMENT (ASA1) BEING a 10 ft. wide tract of land situated in the S.A. & M.G. Survey, Abstract No.1442, the Western Perry Survey, Abstract No. 1152, and the Singleton Thompson Survey, Abstract No. 1493 in the City of Coppell, Dallas County, Texas and being a part of a tract conveyed to Golf Enterprises as recorded in Volume 87174 Page 3449 Deed Records Dallas County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the North line of Riverchase Drive (60 ft. ROW) with the East line of Macarthur Blvd. (100 ft. ROW): THENCE North 27°08'01" East along said East line for a distance of 50.00 ft. to a point for corner; THENCE South 17°51'59" East departing said East line, for a distance of 56.43 ft. to a point for the beginning of a circular curve to the left; THENCE along said circular curve to the left having a beginning tangent bearing of South 63°25'00" East, a central angle of 36°30'08", a radius of 2060.00 ft., a tangent length of 679.33 ft., and an arc length of 1312.40 ft. to a point of tangency; THENCE North 80°04'51" East for a distance of 1197.65 ft. to a point for the beginning of a circular curve to the left; THENCE along said circular curve to the left having a central angle of 50°34'51", a radius of 470.00 ft., a tangent length of 222.07 ft., and an arc length of 414.92 ft. to a point for corner on the South line of a lake; THENCE South 84°26'21" East along said South line, for a distance of 10.92 ft. to a point on the North line of said Riverchase Drive for the beginning of a circular curve to the right; THENCE along said North line with said circular curve to the right having a beginning tangent bearing of South 28°58'17" West, a central angle of 51°06'35", a radius of 480.00 ft., a tangent length of 229.51 ft., and an arc length of 428.18 ft. to a point of tangency; THENCE South 80°04'51" West continuing along said North line, for a distance of 1197.65 ft. to a point for the beginning of a circular curve to the right; 8812/ 0530 THENCE continuing along said North line with said circular curve to the right having a central angle of 37°03'09", a radius of 2070.00 ft., a tangent length of 693.67 ft., and an arc length of 1338.65 ft. to a point of tangency; THENCE North 62°52'00" West continuing along said North line, for a distance of 20.12 ft. to the POINT OF BEGINNING and containing 0.7013 Acres (30,546 Sq. Ft.) of land. 8812 0531 LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LSA2) BEING a tract of land situated in the Western Perry Survey, Abstract No. 1152, in the City of Coppell, Dallas County, Texas and being a part of a tract conveyed to Golf Enterprises as recorded in Volume 87174 Page 3449 Deed Records Dallas County, Texas and being more particularly described as follows: COMMENCING at the intersection of the North line of Riverchase Drive (60 ft. ROW) with the East line of Macarthur Blvd. (100 ft. ROW); Thence South 62°52'00" East along said North line of Rtverchase Drive, for a distance of 20.12 ft. to a point for the beginning of a circular curve to the left; Thence continuing along said North line with said circular curve to the left having a central angle of 37°03'09", a radius of 2070.00 ft., a tangent length of 693.67 ft., and an arc length of 1338.65 ft. to a point of tangency; Thence North 80°04'51" East continuing along said North line for a distance of 1197.65 ft. to a point for the beginning of a circular curve to the left; Thence continuing along said North line with said circular curve to the left having a central angle of 60°08'45", a radius of 480.00 ft., a tangent length of 277.94 ft., and an arc length of 503.88 ft. to a point on the North line of a lake for the POINT OF BEGINNING: THENCE North 78°08'47" West departing said North line of Rtverchase Drive and along said North line of a lake, for a distance of 10.10 ft. to a point for the beginning of a circular curve to the left; THENCE departing said North line with said circular curve to the left having a beginning tangent bearing of North 20°06'30'' East, a central angle of 13°27'21", a radius of 470.00 ft., a tangent length of 55.44 ft., and an arc length of 110.38 ft. to a point for corner; THENCE North 87°25'47'' East for a distance of 10.13 ft. to a point on the North line of said Riverchase Drive for the beginning of a circular curve to the right; THENCE along said North line with said circular curve to the right having a beginning tangent bearing of South 06°27'31'' West, a central angle of 13°28'35", a radius of 480.00 ft., a tangent length of 56.71 ft., and an arc length of 112.90 ft. to the POINT OF BEGINNING and containing 0.0256 Acres (1116.39 Sq. Ft.) of land. 8812 0532 LEGAL DESCRIPTION 10 FT. WIDE J.~NDSCAPE & UTILITY EASEMENT (LSA3) BEING a 10 ft. wide tract of land situated in the S.A. & M.G. Survey, Abstract No.1442 and the Western Perry Survey, Abstract No. 1152 in the City of Coppell, Dallas County, Texas and being a part of particularly described as follows: COMMENCING at the intersection of the East line of a 150 ft. Texas Power & Light Co. Easement with the North line of the St. Louis & Southwestern Railroad (100 ft. ROW) as recorded in Volume 4594, Page 302 D.R.D.C.T.; Thence North 29°13'41" East along said East line for a distance of 3112.11 ft. to a point; Thence North 58°13'00" East departing said East line for a distance of 800.83 ft.; Thence South 87°47'00" East for a distance of 728.83 ft. to a point in the West line of Riverchase Drive (60 ft. ROW); Thence along said West line with a circular curve to the right having a beginning tangent bearing of South 13°39'58" East, a central angle of 06°32'07", a radius of 1770.00 ft., a tangent length of 101.05 ft., and an arc length of 201.89 ft. to the POINT OF BEGINNING: THENCE continuing along said West line with a circular curve to the right having a beginning tangent bearing of South 07°07'51" East, a central angle of 02°33'47", a radius of 1770.00 ft., a tangent length of 39.60 ft., and an arc length of 79.18 ft. to a point of reverse curvature to the left; THENCE continuing along said West line with said circular curve to the left having a beginning tangent bearing of South 04°34'04" East, a central angle of 00°22'45", a radius of 1830.00 ft., a tangent length of 6.05 ft., and an arc length of 12.11 ft. to a point for corner; THENCE South 63°25'40" West departing said West line, for a distance of 10.75 ft. to a point for the beginning of a circular curve to the right; THENCE along said circular curve to the right having a beginning tangent bearing of North 05°04'13" West, a central angle of 00°30'09", a radius of 1840.00 ft., a tangent length of 8.07 ft., and an arc length of 16.14 ft. to a point of reverse curvature to the left; THENCE along said circular curve to the left having a beginning tangent bearing of North 04°34'04" West, a central angle of 02°33'34", a radius of 1760.00 ft., a tangent length of 39.32 ft., and an arc length of 78.62 ft. to a point on the South line of a lake for corner; 88124 0533 THENCE North 82°12'51'' East along said South line, for a distance of 10.00 ft. to the POINT OF BEGINNING and containing 0.0214 Acres (930.24 Sq. Ft.) of land. 88124 0534 LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LSA4) BEING a 10 ft. wide tract of land situated in the S.A. & M.G. Survey, Abstract No.1442 in the City of Coppell, Dallas County, Texas, and being a part of a tract conveyed to Golf Enterprises as recorded in Volume 87174 Page 3449 Deed Records Dallas County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the East line of a 150 ft. Texas Power & Light Co. Easement with the North line of the St. Louis & Southwestern Railroad (100 ft. ROW) as recorded in Volume 4594, Page 302 D.R.D.C.T.; Thence North 29°13'41" East along said East line for a distance of 3112.11 ft. to a point; Thence North 58"13'00" East departing said East line for a distance of 800.83 ft.; Thence South 87°47'00" East for a distance of 718.43 ft. to the POINT OF BEGINNING: THENCE South 87°47'00" East for a distance of 10.40 ft. to a point in the West line of Riverchase Drive (60 ft. ROW) for the beginning of a circular curve to the right; THENCE along said West line with said circular curve to the right having a beginning tangent bearing of South 13°39'58" East, a central angle of 03°37'54", a radius of 1770.00 ft., a tangent length of 56.12 ft., and an arc length of 112.19 ft. to a point on the North line of a lake for corner; THENCE South 79°08'49" West departing said West line and along the North line of said lake, for a distance of 10.00 ft. to a point for the beginning of a circular curve to the left; THENCE departing said North line with said circular curve to the left having a beginning tangent bearing of North 10°01'47" West, a central angle of 03°43'45", a radius of 1760.00 ft., a tangent length of 57.29 ft., and an arc length of 114.55 ft. to the POINT OF BEGINNING and containing 0.0260 Acres (1133.71 sq. Ft.) of land. 88124 0535 LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LSB1) BEING a 10 ft. wide tract of land situated in the Western Perry Survey, Abstract No. 1152 in the City of Coppell, Dallas County, Texas; and being part of a tract conveyed to Golf Enterprises as recorded in Volume 87174 page 3449 D.R.D.G.T.; and being more particularly described as follows: COMMENCING at an iron rod found in the North line of the St. Louis & Southwestern Railroad (100 ft. ROW), said point being the Southwest corner of a tract conveyed to James Doerr as recorded in Volume 86067 Page 5461 D.R.D.C.T.; Thence North 86 21'18" West along said North line for a distance of 330.00 ft. to a point; Thence North 01 07'08" West departing said North line for a distance of 895.00 ft. to a point; Thence North 57 37'08" West for a distance of 308.33 ft. to the POINT OF BEGINNING: THENCE North 57 37'08" West for a distance of 10.05 ft. to a point on the East line of Riverchase Drive (60 ft. ROW) for the beginning of a circular curve to the left; THENCE along said East line with said circular curve to the left having a beginning tangent bearing of North 38 09'56" East, a central angle of 11 55'24", a radius of 540.00 ft., a tangent length of 56.39 ft., and an arc length of 112.37 ft. to a point on the South line of a proposed lake for corner; THENCE South 84 26'21" East departing said East line, along said South line, for a distance of 10.67 ft. to a point for the beginning of a circular curve to the right; THENCE departing said South line with said circular curve to the right having a beginning tangent bearing of South 25 50'58" West, a central angle of 12 12'38", a radius 550.00 ft., a tangent length of 58.83 ft., and an arc length of 117.21 ft. to the POINT OF BEGINNING and containing 0.0264 Acres (1147.94 Sq. Ft.) of land. 88124 0536 LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LSB2) BEING a 10 ft. wide tract of land situated in the Western Perry Survey, Abstract No. 1152 in the City of Coppell, Dallas Gounty, Texas, and bein§ a part of a tract conveyed to Golf Enterprises as recorded in Volume 87174 Pa§e 3449 Deed Records Dallas County, Texas, and being more particularly described as follows: COMMENCING at an iron rod found in the North line of the St. Louis & Southwestern Railroad (100 ft. ROW), said point being the Southwest corner of a tract conveyed to James Doerr as recorded in Volume 86067 Page 5461 D.R.D.C.T.; Thence North 86°21'18" West along said North line for a distance of 330.00 ft. to a point; Thence North 01°07'08" West departing said North line for a distance of 895.00 ft. to a point; Thence North 57°37'08" West for a distance of 318.38 ft. to a point for the beginning of a circular curve to the left in the East line of Riverchase Drive (60 ft. ROW); Thence along said East line with said circular curve to the left having a beginning tangent bearing of North 38°09'56" East, a central angle of 19°08'00", a radius of 540.00 ft., a tangent length of 91.01 ft., and an arc length of 180.33 ft. to the POINT OF BEGINNING: THENCE continuing along said East line with said circular curve to the left having a beginning tangent bearing of North 19°01'56" East, a central angle of 15°18'36", a radius of 540.00 ft., a tangent length of 72.58 ft., and an arc length of 144.29 ft. to a point for corner; THENCE North 89°57'17" East departing said East line, for a distance of 10.02 ft. to a point for the beginning of a circular curve to the right; THENCE along said circular curve to right having a beginning tangent bearing of South 03°39'13" West, a central angle of 15°14'51", a radius of 550.00 ft., a tangent length of 73.62 ft., and an arc length of 146.37 ft. to a point on the North line of a lake for corner; THENCE North 78°08'47" West along said North line, for a distance 10.08 ft. to the POINT OF BEGINNING and containing 0.0334 Acres (1453.29 Sq. Ft.) of land. 88124 0537 LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LSB3) BEING a 10 ft. wide tract of land situated in the Western Perry Survey, Abstract No. 1152 in the City of Coppell, Dallas County, Texas, and being a part of a tract conveyed to Golf Enterprises as recorded in Volume 87174 Page 3449 Deed Records Dallas County, Texas, and being more particularly described as follows: COMMENCING at an iron rod found in the North line of the St. Louis & Southwestern Railroad (100 ft. ROW), said point being the Southwest corner of a tract conveyed to James Doerr, Trustee as recorded in Volume 86067 Page 5461 D.R.D.C.T.; Thence North 86"21'18" West along said North line for a distance of 330.00 ft. to a point; Thence North 01°07'08" West departing said North line for a distance of 895.00 ft. to a point; Thence North 57°37'08" West for a distance of 318.38 ft. to a point for the beginning of a circular curve to the left in the East line of Riverchase Drive (60 ft. ROW); Thence along said East line with said circular curve to the left having a beginning tangent bearing of North 38°09'56" East, a central angle of 91°00'27", a radius of 540.00 ft., a tangent length of 549.58 ft., and an arc length of 857.72 ft. to a point of reverse curvature to the right; Thence continuing along said East line with said circular curve to the right having a beginning tangent bearing of North 52°50'31" West, a central angle of 46°58'31", a radius of 1770.00 ft., a tangent length of 769.17 ft., and an arc length of 1451.18 ft., to the POINT OF BEGINNING: THENCE continuing along said East line with a circular curve to the right having a beginning tangent bearing of North 05°52'00" West, a central angle of 01°17'56", a radius of 1770.00 ft., a tangent length of 20.06 ft., and an arc length of 40.12 ft. to a point of reverse curvature to the left; THENCE continuing along said East line with said circular curve to the left having a beginning tangent bearing of North 04°34'04" West, a central angle of 02°35'05", a radius of 1830.00 ft., a tangent length of 41.28 ft., and an arc length of 82.55 ft. to a point on the South line of a lake for corner; THENCE North 82°12'51" East departing said East line and along the South line of said lake, for a distance of 10.00 ft. to a point for the beginning of a circular curve to the right; THENCE departing said South line with said circular curve to 88124 0538 the right having a beginning tangent bearing of South 07'09'21" East, a central angle of 02"35'17", a radius of 1840.00 ft., a tangent length of 41.56 ft., and an arc length of 83.11 ft. to a point of reverse curvature to the left; THENGE along said circular curve to the left having a beginning tangent bearing of South 04"34'04" East, a central angle of 01"24'58", a radius of 1760.00 ft., a tangent length of 21.75 ft., and an arc length of 43.50 ft. to a point for corner; THENCE North 76°02'43" West for a distance of 10.63 ft. to the POINT OF BEGINNING and containing 0.0286 Acres (1246.44 Sq. Ft.) of land. LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LSB4) BEING a 10 ft. wide tract of land situated in the Western Perry Survey, Abstract No. 1152 in the City of Coppell, Dallas County, Texas, and being a part of a tract conveyed to Golf Enterprises as recorded in Volume 87174 Page 3449 Deed Records Dallas County, Texas and being more particularly described as follows: COMMENCING at an iron rod found in the North line of the St. Louis & Southwestern Railroad (100 ft. ROW), said point being the Southwest corner of a tract conveyed to James Doerr, Trustee as recorded in Volume 86067 Page 5461 D.R.D.C.T.; Thence North 86"21'18" West along said North line for a distance of 330.00 ft. to a point; Thence North 01"07'08" West departing said North line for a distance of 895.00 ft. to a point; Thence North 57°37'08" West for a distance of 318.38 ft. to a point for the beginning of a circular curve to the left in the East line of Riverchase Drive (60 ft. ROW); Thence along said East line with said circular curve to the left having a beginning tangent bearing of North 38"09'56" East, a central angle of 91"00'27", a radius of 540.00 ft., a tangent length of 549.58 ft., and an arc length of 857.72 ft. to a point of reverse curvature to the right; Thence continuing along said East line with said circular curve to the right having a beginning tangent bearing of North 52°50'31" West, a central angle of 48"16'27", a radius of 1770.00 ft., a tangent length of 793.13 ft., and an arc length of 1491.30 ft., to a point of reverse curvature to the left; Thence continuing along said East line with said circular curve to the left having a beginning tangent bearing of North 04"34'04" West, a central angle of 05"29'37", a radius of 1830.00 ft., a tangent length of 87.80 ft., and an arc length of 175.46 ft. to the POINT OF BEGINNING: THENCE continuing along said East line with a circular curve to the left having a beginning tangent bearing of North 10"03'41" West, a central angle of 03"04'16", a radius of 1830.00 ft., a tangent length of 49.06 ft., and an arc length of 98.09 ft. to a point for corner; THENCE South 87°47'00" East departing said East line, for a distance of 10.37 ft. to a point for the beginning of a circular curve to the right; THENCE along said circular curve to the right having a beginning tangent bearing of South 13"02'49" East, a central angle of 02"58'53", a radius of 1840.00 ft., a tangent length of 47.88 ft., and an arc length of 95.74 ft. to a point on the North line of a proposed 88'1 2 051i0 lake for corner; THENCE South 79°08'49" West along said North line, for a distance of 10.00 ft. to the POINT OF BEGINNING and containing 0.0222 Acres (969.17 Sq. Ft.) of land. 88'1i2'~, 05~.1 PROVISIONS CONTA!N[D !~ ANY DOCUI~,q£NT WHICH RESTRI~ THE SALE, RENTAL, OR USE OF TIE. P, EAL PROPERTY THEREIN BECAUSE OF RACE OR COLOR ARE. INVALID UNDER FEDERAL LAW AND ARE U~EI'~FORCEABLF-, . :.~..~... : ~,NY PROVISION HEREIN WHICH RESTRICTS THE SA[£, R£NTA~ OR USE OF THE D[SCP,~D REAL PROPERTY BECAUSE OF COLOI~ OR RACE i,~ i~VALID ~D UNENFORCEABLE U~DER FEDERAI.i "*:' m~ed /n .~m stamped ~,~.~n?tr~rnerlt NTy OF. ~ ;.: Iff" ....- -.. ~un~ ,. , -~xas ~.' JUN ~ 1988 ..:, ~;~- ~.. .,~