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Smart Start-CN 9810210 Sao 6-� EXHIBIT "B" TO SPECIAL WARRANTY DEED 1. The conveyance of the Property described in Exhibit "A" to this Deed is made subject to the reservation of rights (the "Reserved Rights") set forth in this Exhibit "B." Th Reserv Rights shall be binding upon and inure to the benefit of Grantor and Grantor's successors and assigns. Grantor may, frOM time to time and without the consent of Grantee, convey, transfer, or assign, with or without consideration (collectively, a "Transfer "), all or any portion of the Reserved Rights to any person or entity; provided, however, such Transfer must be in writing and the transferee must agree to assume and be bound by all the terms and conditions of this Exhibit "B." Upon any Transfer, to the extent set forth in the written Transfer document, Grantor shall be relieved of any and all duties, obligations, and liabilities with respect to the portion of the Reserved Rights being Transferred. Grantor may exercise the Reserved Rights without any additional consideration to Grantee. Notwithstanding anything to the contrary set forth in this Exhibit "B, " however, the Reserved Rights may not be exercised in such a way as to materially and adversely (i) interfere with the Grantee's use of the Property or any other property owned by Grantee, or (ii) interfere with the functioning or operation of Grantee (collectively, an "Adverse Impact "). 2. Grantor reserves a perpetual and exclusive blanket easement over, under, across, and through the Property for any and all purposes that, in Grantor's judgment, are necessary or convenient for the ownership, development, use, or enjoyment of the property that is part of or in the vicinity of the property generally know as Vista Ridge (whether such property is owned by Grantor or by third parties). Such purposes shall include, but not be limited to, the construction, reconstruction, maintenance, repair, replacement, operation, use, and enjoyment of the following, whether public or private: (a) utilities (including, but not limited to, water, sanitary sewer, storm drainage, electric /power lines, gas lines, telephone and other communication lines), (b) streets and other rights -of -way, (c) bridges (pedestrian and vehicular), (d) lakes, ponds, fountains, and other water features, (e) parks, (f) recreational facilities, (g) "common areas" for property owner associations, (h) gardens and special landscaped areas, (i) hike /bike /jogging trails and paths, and (j) sidewalks and other pedestrian ways. ?= \106042.3 \81D3182 0 3. The exercise of the Reserved Rights shall be at the sole cost and expense of Grantor, and Grantee shall have no responsibility or liability for such costs and expenses. 4. Prior to the construction of any improvements in connection with the exercise of the Reserved Rights, Grantor shall provide Grantee with a complete set of plans and specifications for such improvements (the "Plans "). Grantee shall have 30 days within which to review the Plans, and the reasonable cost of such review shall be paid by Grantor. Grantee shall have the right to require modifications to the Plans that are reasonably necessary to prevent any Adverse Impact, and all costs and expenses associated with such modifications shall be paid by Grantor. If Grantee fails to review the Plans within such 30 -day period, the Plans shall be deemed automatically approved without any further action by Grantee. S. At any time, and from time to time, Grantee shall have the right to impose reasonable rules and regulations upon Grantor's exercise of the Reserved Rights (the "Rules ") provided such Rules are reasonably necessary to prevent any Adverse Impact. Prior to the adoption of such Rules, however, Grantee shall give 30 days' prior written notice of the proposed Rules to Grantor and to all successors and assigns of Grantor (to the extent Grantee has been given written notice of such successors and assigns, including their addresses). After Recording, Please Return To: Julianne Bremer Rugle, Esq. Coats, Rose, Yale, Ryman & Lee, P.C. 1000 Fannin, Suite 800 Houston, Texas 77002 TCiti \306042.3 \818,3182" 2 5d IN WITNESS this instrument is executed this day Of Or'TV11MM , 1998. ACCEPTED AND AGREED: CITY OF COPPBLL By: DENTON COUNTY LBVBB IMPROVEMM DISTRICT NO. 1, a political subdivision By: Ra►ss T. Ha ett Chairman Board of Directors Its: THE STATE OF TEXAS I COUNTY OF s This instrument was acknowledged before me on the s + day of r 1998, by Roes A. Hat chett, ChaiZa rd of Directors, Denton County Levee Juprovement District No 1, a political subdivision, on behalf of said subdivision. (SEAL). Nota c n an. or t State of Texas SK RMWATER 5 f(GSkwater Name pri nted or type My Commission Expires : 3 -1� 1-W TOO \101009.1 \Vf0XK$Vr1MAW 23102 3 THE STATE OF TEXAS f COUNTY OF i This instrument was acknowledged before me on , 1998 by ^ City of Coppell, in t e capacity there n staEed on behalf of said city. Notary Public in mind for the State of TEXAS ( SEAL) Name Printed or Typed My commission expires:_ r T=\ 106049.1 \SWR"gMnW=lWff3162 0 TA Cl tW t t3 C2 4 1 Emi M C4 0 Od t /&1 N Od' SCALE: i' s 100' 1 I + \\ \ i i + f + f , - Mor dW Cr or � u ns s as soon. UNK or ww » a w+IIR oft $ ESC A .1 1 ' � sir sow I•. - >,+ 0.192 ACRE w: t Aww" TRACT Z of 2 CL "" �►�+I�sn�, V iris �I OmM Sr R %UMW IF