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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.
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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
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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
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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:_
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