Vista Ridge Retail-ES 971223 .~ME'NDED ;-MN~D RESTATED
S.4NIT.~kRY SEWER EASEMEN'T 1 l ~/,7 0
01114198 814609 S~.00
Deed
THE STATE OF ~ ~
~ ~NOW ~L ~N BY T~SE P~SEN~S:
COb~Y OF DE~ON ~
THIS AaMENDED .~\'D RESTATED SAN~ITP~RY SEWER EASEMFNT is made this y. ~
day of,~c~,~e,v~, 19'~ ~'by VISTA PROPERTIES COMI~,~aNY, a division of Centex Homes, a
Nevada general partnership f.-~/a Vista Partners ("Grantor") and the CITY OF LEWISVILLE, a
municipal corporation (the "Cilx").
WHEREAS, Grantor established and ~anted, sold, and conveyed to the City of Lewisville
an easement for a municipal sewer line pursumt to that certain Sanitary Sewer Easement (the
"Original Easement") dated October 28, 1996, recorded on December 11, 1996, as Document #96-
R0087217 in the Real Property Records of Denton County, Texas;
WHEREAS, Vista Mortgage & Realty, Inc. (The predecessor in interest of lands in Denton
Count', Texas to Grantor) granted, sold, and conveyed to the Denton County Road Utility District
No. I a parcel of land more particularly described in the Special Warranty Deed Controlled Access
Highway (the "Deed") dated September 25, 1992, recorded as Document v:.'94-R0000002 in the Real
Property. Records of Denton Count2,.', Texas;
WHEREAS, the Original Easement was incorrectly located and includes a portion of land
previously conveyed by the Deed;
WHEREAS, Grantor and Cit' desire to relocate the sanitary sewer easement to such location
as was the intent of the parties to the Original Easement;
NOW, THEREFORE, Grantor and City adopt this Sanita~..' Sewer Easement for the purpose
of amending, restating, replacing, and superseding the Off,hal Easement to correct the above-
described error.
After recording, please rer:.'-n to:
Vista Properties Company
2728 N. Harwood. 9th Floor
Dallas. TX 75201-!516
Arm: Denise S:arkcy
98009 01921
TI-L~T VISTA PROPERTIES COIvtP.~N~r, a division of Centex Homes, a Nevada general
partnership (formerly known as Vista Partners), of the County of Dallas, State of Texas, for an in
consideration of the sum of TEN DOLLARS ($10.00) paid to Grantor by the City. of Lewisville,
Denton County, Texas, a municipal corporation, and other good and valuable consideration, the
receipt of which is hereby acknowledged and confessed, has Granted, Sold, and Conveyed, and by
these presents does Grant, Sell, and Convey, unto the City an easement (the "Easement") for a
municipal sewer line (together with the customary uses attendant thereto, including construction,
operation, maintenance, repair, or enlargemen0 over, under, through, across, and along all that
certain lot, tract, or parcel of land situated in the County of Denton, State of Texas, and more fully
described on Exhibit 'A" attached to an made a part of this instrument (the "Property_").
The City is purchasing the Easement for the purpose of erecting thereon sanitary, sewer
improvements, and the City reserves the right to make such sanitury sewer improvements according
to such plans and specifications as the City, in its opinion, determines will best sex~'e the public
purpose. The payment of the purchase price for the Easement herein conveyed shall be considered
full compensation for same, and for any diminution in value to Grantors remaining property that
may result because of the City's exemise of its rights herein granted.
This conveyance is made and accepted subject to all matters of record that affect the Properly.
as of the date hereof.
It is conclusively presumed that the person signing on behalf of Grantor has been duly and
legally authorized to so sign.
The City agrees that, in connection with the exercise of any of its rights herein granted to the
City, no hazardous materials or hazardous substances (as defined under applicable federal, state, or
local laws, as such laws now exist or may hereafter be adopted) shall be used, stored, generated,
released, or disposed of on or about the Property (or on or about any remaining property owned by
Grantor) in violation of such applicable laws; and if such violation occurs, the City shall be solely
responsible for any cleanup, remediation, removal, or restoration mandated by such applicable laws.
Grantor shall have the right to approve any method of remediation, which approval shall not be
unreasonably withheld or delayed.
Grantor, its successors and assigns, ma5, fully use and enjoy the Propert5'; provided, however,
such use and enjoyment by Grantor shall not interfere with the exercise of the City's rights herein
granted. Except as hereinafier provided, no building, structure, or other permanent improvements
may be constructed on the Proper~, including, but not limited to, buildings, structural screening
walls, retaining walls, carports, swimming pools and decks, free standing signs (pole, pylon, etc.),
entry features and monuments, trees, parallel utili~' lines, parallel water, sanit .a~y sewer, and drainage
lines, and storage buildings. Notwithstanding the foregoing, Grantor, and its successors and assigns,
reserve the right (which reservation the CiD' hereby acknowledges shall not interfere with the
exercise of the City's fights herein granted) to construct the followSng improvements on the Prope~':
asphalt or concrete parking areas; asphalt or concrete streets and driveways that cross the Easement
9800 01922
at a 90° angle; public or private utilities (including, but not limited to, gas, telephone, power, cable)
that cross the Easement at a 90° angle; public or private water lines, sanitar..' sewer lines, and storm
sewer lines, that cross the Easement at a 90° angle; chain link, wood, or wrought iron fencing;
landscape berms; landscape materials (excluding trees); and landscape irrigation systems (all of the
foregoing shall be collectively referred to at the "Permitted lnlpmvements").
Except as provided below, the City resev,'es the right, for itself and its employees, agents and
contractors, to remove, damage, or destroy, fi:om time to time, any of the Permitted Improvements
to the extent reasonably necessary for the City to exemise the rights herein granted to the City.
Notwithstanding the foregoing, however, the City' agrees that it will not take any action that would
interrupt any utility sev,Sces that cross the Property (as permitted above) without the prior written
consent of the provider of such utility sen'ices. Should it become necessary for the City (or any of
its employees, agents, or contractors) to remove, damage, or destroy any of the Permitted
Improvements, then the City agrees that such Permitted Improvements shall be repaired or replaced
as soon as reasonably practicable, at the sole cost and expense of the City, to the condition and
quality that such Permitted Improvements existed immediately before such removal, damage, or
destruction.
TO FL~VE P~N'D TO HOLD the same, together with all and singular the rights and
appurtenances thereto in an2~,'ise belonging unto the City., its successors and assigns forever, and
Grantor is hereby bound, together with Grantor's successors and assigns, to W.ad~lR.&\-[ AND
FOREVER DEFEND, all and singular the Easement unto the City, its successors and assigns,
against every, person whomsoever lawfully claiming, or to claim the same, or any part thereof by,
through, or under Grantor, but not otherwise.
Because the grant of the Easement herein is being made to simply correct the error made in
the location of the Original Easement, to the extent applicable and allowed by applicable law, this
Easement shall be deemed effective (and shall be deemed granted) as of December 1 I, 1996, which
is the date of recordation of the Original Easement in the Real Property Records of Denton Count5.'
Texas.
[REI~LMNDER OF PAGE LN'I'ENTION'ALLY LEFT BLAN'K]
98009 019 3
GI~WTOR:
VISTA PROPERTIES COMPANY, a ally/sion of
Centex Homes, a Nevada general parmer~hip,
(formerly known as Vista Parmers)
By: ~,.
Executive Vice P/emdent and
Ch/cf Operating/Officer
Address: 2728 N. Harwood
Dallas, Texas 75201 - 1516
CITY OF LEWISVILLE,
a municipal corporation
P~ntedName: Char2es R. Owens
City Manager
Address: 1197 W. Main
Lew: sviile, Texas 7.5067
98009 0 192i.-,
THE STATE OF TEXAS §
R
COUNTY OF DALLAS
This instrument was acknowledged before me on the ,~ ~t of ~ ¢~,,~. ~ ,- ,
199 7 , by F. Charles Emery II, Executive Vice President and Chief Operating Officer of
VISTA PROPERTIES COMPANY, a division of CENTEX HOMES. a Nevada general
partnership (formerly known as Vista Partners), on behalf of said parmership.
Notary Public, State ,o,f,~Texas
My Com, is,ion
Printed)Typed Name of Not~
~ '_...-'~-.-'.¢,.; ............
~,- ~,'~.~ C0:,~'ISSICN EXPIRES
Trrl;' STATE OF TEXAS §
cotmry §
This inswament was acknowledged before me on the b '--*/', day of Oe.¢~r~ bet- ,
199-7 ,by Charles R. Owens City Manager of
the CITY OF LEWISVILLE, a municipal corporation.
I x>;'---.c'<"' '
II ~.t..~.~.V- March 24, 2001
_ _ Notary Public, State of Texas
My Coman!ssion Expires: 3awn A. cra=er
Printecl,'ryped Name of Notary
~arck 2~', 200i
98009 01925
15' SANITARY SEWER EASEMENT
BEING a strip of land situated in the G.C. Woolsey Survcy, Abstract No. 1402 in
Denton County, Texas and being a portion of Lot I and Lot 2 in Block "D" of Vista
Ridge, an addition to the City of Lewisville as recorded in Cabinet "F", Page 271 of the
Plat Records of Denton County, Texas and the City of Lev,isville, Denton County, Texas
and being in the City of Coppell, Dallas County, Texas and being more particularly
described as follows:
COMMENCING at a 5/8" iron rod with a plastic cap stamped "Carter & Burgess"
found at the intersection of the north line of Vista Ridge Boulevard (a variable width
right-of-way) with the east line of Denton Tap Road (a variable width right-of-way) as
dedicated by deed recorded in Denton County Clerk's File No. 94-R0000002 of the Deed
Records of Denton County, Texas;
THENCE N. 32°31'19'' W., 27.86 feet along the said east line of Denton Tap
Road to the POINT OF BEGINNING;
THENCE N. 32°31'19" W., 28.26 feet continuing along the said east line of
Denton Tap Road to a point for comer said point being in a non-tangent curve to the left
running in an easterly direction and having a cenu'al angle of 39°30'06'' a radius of
2635.00 feet and a chord bearing of S. 84°04'20'' E.;
THENCE along said curve 1816.66 feet to the end of said curve, a point for
comer, said point being on the west line of Ridgemont Drive (a 70 foot right-of-way);
THENCE $. 13°49'23" E., 15.00 feet along the said west line of Ridgemont Drive
· to a point for comer, said point being in a non-tangent cuv,'e to the right running in a
westerly direction and having a central angle of 38°58'57'' a radius of 2650.00 feet and a
chord beating of N. 84°19'55'' W.;
THENCE along said crowe and leaving thc said we~ line of Ridgemont Drive,
1802.98 feet to the Point of Beginning and containing 0.623 acres (27,148 square feet) of
land_ *
File.;t. sm'..95-1Ol L
EXHIBIT "A"
98009 01926
HIGHLAND ' DRIVE
o
B LOC K D
0z zz~ LOT I LOT 2
a. ~ CB = S. 84~04, 20,,E.
-- T= 937.96'
o
~. L= 1802.98'
CB= N. ~4"1 9" SS"W.
15' SANI']':ARY SEWER EASEMENT
CITY OF COPPELL , DALLAS CO., TEXAS I
CiTY OF LEWISVILLE , DENTON CO. , TEXAS '!
G.C..WOOLSEY SURVEY , ABST. NO. 1402
DOWDEY, ANDERSON & ASSOCIATES,INC. ~., E.!"=~oo'o~:~ ,,-,~-~
5225 VILL-*GE CREEK DRIVE SUITE ZOO ..
(972) -e"= 1-06~4 PLANC , TEXAS 75C9.3 i',, ~'9~ No 9 5- I o i ;["