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Riverchase(5)-ES 880627 (4)'~~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 /~ 31.00 OEEE Date: ~ , 1988 ~ g529 2 2 0~/2,/8~' ~ ~ Grantor (include mailing address): Northwest Dallas County Flood Control District 5944 Luther Lane, Suite 502 Dallas, Texas 75225 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 permits underground public utilities, including (but not limited to) water mains, sanitary sewer mains, natural gas mains, electrical supply lines, telephone and telegraph lines and television cable. (c) This Easement includes the right to construct, reconstruct, inspect, maintain and remove such underground public utilities. * Riverchase is a registered service mark. LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEMENT - Page ~6,F 88~24 0548 (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. 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. LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEI~T - Page 88 1 051 9 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. NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT By .'~~. ~ ~a~erson, President STATE OF TEXAS § COUNTY OF DALES This instrument was acknowledged before me o~~~ ~/~ , 1988, by Jay Patterson, President of Northwest llas County Flood C~r~! District. .. .,' . ~ ~.%' . C%~-ission Expires: ~-~-~V Print Name of Notary LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEMENT - Page ,o~,~- 88{ 2~4 0550 LEGAL DESCRIPTION lO FT. WIDE LANDSCAPE & UTILITY EASEHENT (LLS~A) OUT OF SOUTHWESTERN LAKE RIVERCHASE DEVELOPMENT BEING a 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 the Northwest Dallas County Flood Control District as recorded in Volume 87174 Page 3553 Deed Records Dallas County, Texas; and being more particularly described as follows: COMHENCING 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 Riverchase 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 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 on the South line of the Southwestern lake for the POINT OF BEGINNING: THENCE North 84°26'21" West departing the North line of said Riverchase Drive and along said South line of said lake, for a distance of 10.92 ft. to a point for the beginning of a circular curve to the left; THENCE departing said South line with said circular curve to the left having a beginning tangent bearing of North 29°30'01" East, a central angle of 09°23'30", a radius of 470.00 ft., a tangent length of 38.61 ft., and an arc length of 77.04 ft. to a point for corner on the North line of said lake; THENCE South 75°08'47" East along said North line, for a distance of 10.10 ft. to a point in 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 19°56'07" West, a central angle of 09°02'10", a radius of 480.00 ft., a tangent length of 37.93 ft., and an arc length of 75.70 ft. to the POINT OF BEGINNING and 8812 0551 containing 0.0175 Acres (763.70 Sq. Ft.) of land. 8812~. 0552 LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LLS2A) OUT OF NORTHWESTERN LAKE RIVERCHASE DEVELOPMENT 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 the Northwest Dallas County Flood Control District as recorded in Volume 87174 Page 3553 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 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 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 the POINT OF BEGINNING: THENCE continuing along said West line with a circular curve to the right having a beginning tangent bearing of South 10"02'04" East, a central angle of 02°54'13", a radius of 1770.00 ft., a tangent length of 44.86 ft., and an arc length of 89.69 ft. to a point on the South line of a lake for corner; THENCE South 82°12'51" West departing said West line, for a distance of 10.00 ft. to a point for the beginning of a circular curve to the left; THENCE departing said South line with said circular curve to the left having a beginning tangent bearing of North 07°07'38" West, a central angle of 02°54'09", a radius of 1760.00 ft., a tangent length of 44.59 ft., and an arc length of 89.16 ft. to a point on the North line of said lake for corner; THENCE North 79°08'49" East along said North line, for a distance of 10.00 ft. to the POINT OF BEGINNING and containing 0.0205 Acres (894.27 Sq. Ft.) of land. 88124 0553 LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LLSlB) OUT OF EASTERN LAKE RIVERCHASE DEVELOPMENT BEING a 10 ft. wide tract of land situated in the Western Perry Survey, Abstract No. 1152 in the City of Coppell, Dallas County, Teaxs, and being a part of a tract conveyed to the Northwest Dallas County Flood Control District as recorded in Volume 87174 Page 3553 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 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 the POINT OF BEGINNING: THENCE continuing along said East line with said circular curve to the left having a beginning tangent bearing of North 26°14'32" East, a central angle of 07°12'36'', a radius of 540.00 ft., a tangent length of 34.02 ft., and an arc length of 67.95 ft. to a point on the North line of a lake for corner; THENCE South 78°08'47" East departing said East line along the North line of said lake, for a distance of 10.08 ft. to a point for the beginning of a circular curve to the right; THENCE departing said North line with said circular curve to the right having a beginning tangent bearing of South 18°54'04" West, a central angle of 06°56'54", a radius of 550.00 ft., a tangent length of 33.39 ft., and an arc length of 66.70 ft. to a point on the South line of said lake for corner; THENCE North 84°26'21" West along said South line, for a distance of 10.67 ft. to the POINT OF BEGINNING and containing 0.0155 Acres (673.25 Sq. Ft.) of land. 88t2 LEGAL DESCRIPTION 10 FT. WIDE LANDSCAPE & UTILITY EASEMENT (LLS2B) OUT OF EASTERN LAKE RIVERCHASE DEVELOPMENT BEING a 10 ft. Landscape & Utility Easement situated in the Western Perry Survey, Abstract No. 1152 in the City of Goppell, Dallas County, Texas; and being a part of a tract conveyed to the Northwest Dallas County Flood Control District as recorded in Volume 87174 Page 3553 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.G.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°50'30" 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 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 the POINT OF BEGINNING: THENCE continuing along said East line, and departing the South line of said lake, with a circular curve to the left having a beginning tangent bearing of North 07"09'09" West, a central angle of 02°54'32", a radius of 1830.00 ft., a tangent length of 46.46 ft., and an arc length of 92.91 ft. to a point on the North line of said lake for corner; THENCE North 79"08'49" East departing said East 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 right; 8-8t, 24 0555 THENCE departing said North line with said circular curve to the right, having a beginning tangent bearing of South 10°03'56" East, a central angle of 02°54'35", a radius of 1840.00 ft., a tangent length of 46.73 ft., and an arc length of 93.44 ft. to a point for corner on the South line of said lake; THENCE South 82°12'51" West along said South line, for a distance of 10.00 ft. to the POINT OF BEGINNING and containing 0.0214 Acres (931.74 Sq. Ft.) of land. 88 ~i~ 2 ~ 0 556 ._. /- ~;§0 ~TZ' 188 -- . BB J~J~ 21 ~ PROVISIONS CONTAINED IN AU DOCUUENT WHICH R£STRICT THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR ARE INVALID UNDER ,rEDF. AAi: LAW AND ARE UNENFORCEABLE. ANY PROVISION HE~E!N t.~,~H RESTRICTS THE SALE, RENTAL, OR USE OF THE DE~C~:~-'_D REAL PROPERTY BECAUSE Or COLOR OR PACE IS INVALID A~iD UNENFORCEABLE UNDER FEDERAL LAW. · I hereby certify that this i~ COUN . )~OrdedtINe and.~n timethe ataml~ed here~Strument wTY OF DAL " ~f Dallas ~,o~.~o~me and -~ by me a.~,s filed o ~ *~ ~Ct[R[ a ..,