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Vistas of C 1stP-ES 960808 (2) SANITARY SEWER EASEMENT 760580 ~/18/97 470~7 $17.~ THE STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ~ THAT DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1, a political subdivision of the State of Texas (herein referred to as "Grantor"), for Ten and No/100 Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto the City of Coppell, Texas, having an address of 255 Parkway Boulevard, Coppell, Texas 75019 (hereinafter referred to as "Grantee"), its successors and assigns, a non-exclusive easement over the tract of land owned by Grantor which is more particularly described in Exhibits "A" and "B" attached hereto (hereinafter referred to as the "Easement Tract"). The easement hereby granted shall be used only for the purposes of constructing, repairing, maintaining, re-constructing and operating a sanitary sewer line and related appurtenances. Subject to the further provisions hereof, Grantee, its agents, employees, workmen and representatives, shall have the right and privilege of ingress and egress across the Easement Tract as may be necessary to construct, repair, maintain, re-construct and operate such sanitary sewer line and facilities. It is expressly understood and agreed by and between the parties that this Sanitary Sewer Easement shall be subject to and governed by the following provisions: (1) The easement, rights and privileges granted herein are non-exclusive and Grantor reserves and retains the right to use the Easement Tract for all purposes which do not unreasonably interfere with the rights hereby granted. (2) The easement, rights and privileges herein granted shall be perpetual or for so long as Grantee shall utilize the easement for the purposes intended. In the event that an alternate easement is dedicated by a plat, and alternate infrastructure facilities are provided which are acceptable to the City of Coppell, the City agrees, that by accepting this easement and upon approval by the City Council, to abandon all right, title, and interest of the City of Coppell, Texas, in and to the easement provided herein, or any portion thereof, and to quitclaim such right, title and interest to the abutting property owner(s) in accordance with its (their) respective interests(s). (3) During or immediately after any work on the Easement Tract pursuant to the rights granted hereby, Grantee, at its sole cost and expense, shall take all reasonable measures to restore the grounds and other facilities of Grantor, to the condition which existed prior to such operations. Nothing herein shall otherwise require Grantee to otherwise maintain the surface of the Easement Tract. (4) The easement, rights and privileges herein granted shall be subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements of record, including all laws, regulations, and 97076 027 2 restrictions by municipal or other governmental authority applicable to and enforceable against the Easement Tract. TO HAVE AND TO HOLD the above described easement for the said purposes, together with all and singular, the rights, privileges, and appurtenances thereto as described above in anywise belonging to the said Grantee, its successors and assigns forever, subject to the limitations, conditions and restrictions set forth hereinabove. IN WITNESS WHEREOF, this instrument is executed this ~day DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1, a political subdivision By: '~/~' Ross A. Hatchett, Chairman Board of Directors THE STATE OF TEXAS S COUNTY OF ]~(l~ This instrument was acknowledged before me on the ~-%] day of August, 1996, by Ross A. Hatchett, Chairman, Board of Directors, Denton County Levee Improvement District No. 1, a political subdivision, on behalf of said subdiyision. ~; (SEAL) Notary)Fublic in an or e State 6f Texas Name printed or typed My Commission Expires: 97O76 027 3 I)OL~ND A~RY DESCRIPTION BEING a strip of land situated in the G.C. Woodsley Survey, Abstract No. 1402 in Denton Count)', Texas and being a portion of Lot 5 in Block "G" of Vista Ridge, an addition t~ the City of Levdgvil!c as recorded in Cabinet "F", Page 271 of the Plat Records of Denton Cotmty, T6xas and bei.,~g in the City of Coppell, Dallas County, Texas; said strip of land being 20.00 feet in width, 10.00 feet either side of the follo~4n~ dssscribcd cent~rline: CO~tENCING at a 5/8" iron rod with a plastic cap stamped "Carter & Burgess" found at the mter~eetion of the south line of Vista Ridge Boulevard (a variable width right-of-way) with the west line of Mac.aa'that Boulevard (a 120 foot right-of-way); TITENCE Long the said west line of Mac.-Xrthur Boulevard the following courses and -distances: S. 64'01'21" E., 103.72 feet to a point for comer; THENCE S. 18' 14'4g" lc., 95.80 feet to a point for comer, said point lacing the begirming of a cu~'e to the right having a central angle of 1:5'27'48" a radius of 2804.79 feet and a chord bearing and distance of $. 10'30'54" E., 754.68 feet; THENCE alor~g said curve 756.98 feet to the end of said curvc; THENCE S. 02'47'00" E., 82.67 feet to a point for comer; THElqCE S. 87' 13'00" W., 313.12 feet I~t~,Sng the said west Imm of MacArth~ Boulevard to a point for com~, said point being the begimqing of a curve to the left having a central angle of 52' 11'42" a radius of 850.00 feet and a chord bearing a~d distance of $. 61 '07'09" W., 747.83 feet; THENCE along said curve 774.33 feet to the end of said cur,,e; THENCE S. 35'01'18" W., 671.29 fe~ to the POINT OF BEGIb,.~ING; THENCE S. 54'58'42" E., 252.74 fe~ across said Lot 5 in Block "O" to the end of said - eenterline, said point being on the south line of the above said Lot 5: said point also lacing lq. 40 0, ~, E., 186.56 feet from the nortl'.east comer of a 2.971 aero tract of land as described in deed to Vista Par, nors as .'~cord~t in County Clerlc~ File No. 93R 0066535 of the Deed Records of Denton County, Texas. EXHIBIT "A" 97076 L'a ~'~S~(~)5)EI~.~ S3IJ.~:~O~d "~ISI~ ~ I,'~:9 ~--J~St--~J~-m q\~ o?~_.,.,,"' .,,. '~' \ ~ ,..,.,,.,,..¼ . '/~ / 20.00' WIDE ~ SANITARY S~W~ ~AS~MENT qO~ CITY OF COPPELL G.C. WOOLSEY SURVEY , ABST. I402 DALLAS COUNTY , TEXAS DOWDEY, ANDERSON & ASSOCIATES,INC. [ 162~0 DALI. AS PARKWAY suITE I00 J,,k/~o. ~J~"o~O DALLAS , TEXAS (gl4) 931- 0694 ~¢ 9~L~O 9LOL6 '"