Vistas of C P3-ES 981021 r, i~JNS OF TH|S
DOCUMENT NOT
REPRODUCIBLE
WHEN RECORDEF ~r~05c~ 5c~
NON- EXCLUSIVE RECREATIONAL EASEMENT
IUtSI~ 13,]&314 $17,~
KNOW ALL MEN BY T~ESE PRESENTS:
THE STATE OF TEXAS §
COUNTIES OF DENTON AND DALLAS §
That the undersigned, DENTON COUNTY LEVEE IMPROVEMENT DISTRICT
NO. 1 (hereinafter called "Grantor"), for and in consideration of
certain good and valuable consideration paid to Grantor by the City
of Coppell, Texas, whose address is 255 Parkway Boulevard, Coppell,
Texas 75019 (hereinafter called "Grantee") does hereby GRANT,
BARGAIN, SELL AND CONVEY upon the terms hereinafter set forth to
Grantee, its successors and assigns, an easement and the right to
construct and maintain walking and bicycling trails or paths,
landscaping, park benches, and similar facilities for the use of
the general public on that certain tract of land owned by Grantor
described in Exhibit "A" attached hereto and made a part hereof
(the "Easement Tract").
The easement hereby granted is subject to the following
provisions:
(1) At such time as Grantee constructs any recreational
improvements within the Easement Tract, such as those specified
above, Grantee shall become responsible for the maintenance of the
entire Easement Tract, including repairs and maintenance of the
improvements installed by Grantee and the mowing of the Easement
Tract.
(2) 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
TGG\ 102921 . \NON- EXCLUS IVERECEASEMENT3182
with the rights hereby granted,
easements.
including the granting of other
(3) The easement, rights and privileges granted herein and
the obligations of Grantee shall be perpetual or for so long as
Grantee shall utilize the easement for the purposes intended. The
easement, rights and privileges granted herein and Grantee's
obligations hereunder shall terminate when, or at such time, as the
purposes hereof cease to exist, are abandoned by Grantee, or become
impossible of performance.
(4) The easement, rights and privileges granted herein 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
restrictions by municipal or other governmental authority
applicable to and enforceable against the Easement Tract.
TO HAVE AND TO HOLD said easement unto Grantee, its successors
and assigns, forever, subject to all of the terms, provisions and
conditions hereof.
WITNESS, the execution hereof onthis ~-/~day of O=w~e~
1998.
"GRANTOR"
Denton County Levee Improvement
District No. 1
By: ~
Board of Directors
TGG\102921 . \ NON - EXCLUS IVERE CEAS EMENT3182
2
ACCEPTED AND AGREED:
City of Coppell
Name:
Its:
THE STATE OF TEXAS
COUNTY OF DALLAS §
This instrument was acknowledged before me on ~~W
1998 by Ross Hatchett, Chairman, Board of Directors, Denton County
Levee Improvement District No. 1, a political subdivision, in the
capacity therein stated on behalf of said subdivision.
Notary~Public in and for the
SEAL)
State of T E X A S
Name Printed or Typed
My commission expires:
THE STATE OF TEXAS
COUNTY OF §
This instrument was acknowledged before me on ,
1998 by , , City of
Coppell, in the capacity therein stated on behalf of said city.
(SEAL)
Notary Public in and for the
State of T E X A S
Name Printed or Typed
My commission expires:
After recording, please return to:
Ms. Julianne Bremer Kugle
Coats, Rose, Yale, Holm, Ryman & Lee, P.C.
1001 Fannin, suite 800
Houston, Texas 77002-6707
TC~\102921. \NON- EXCLUS IVERECEASEMENT3182 3
EXHIBIT "B"
EASEMENT DESCRIPTION
BEING A VARIABLE WIDTH TRAIL EASEMENT SITUATED IN THE CLARINDA SQUIRES
SURVEY, ABSTRACT NO. 1327, IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS,
AND BEING ALL OF THAT 0.906 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE
DENTON COUNTY LEVEE IMPROVEMENT DISTRICT #1(LEVEE TRACT), RECORDED IN
VOLUME 98215, PAGE 21 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS
(D.R.D.C.T.). AND RECORDED IN COUNTY CLERKS NUMBER 98-R099365 OF THE DEED
RECORDS OF DENTON COUNTY TEXAS; SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET AT THE
SOUTHWEST CORNER OF LOT 18, BLOCK D OF THE REPLAT OF VISTAS OF COPPELL
PHASE 2C, AN ADDITION TO THE CITY OF COPPELL, RECORDED IN VOLUME 98188,
PAGE 64 OF THE PLAT RECORDS OF DALLAS COUNTY, TEXAS (P.R.D.C.T.), BEING
THE COMMON WESTERLY MOST NORTHWEST CORNER OF A 0.620 ACRE TRACT OF
LAND DESCRIBED IN DEED TO DENTON COUNTY LEVEE DISTRICT #1(LEVEE TRACT),
RECORDED IN VOLUME 97097, PAGE 1854 OF THE DEED RECORDS OF DALLAS
COUNTY, TEXAS;
THENCE S 01 °06'08" W, ALONG THE WEST LINE OF SAID 0.620 ACRE LEVEE TRACT, A
DISTANCE OF 36.24 FEET TO THE WESTERLY MOST SOUTHWEST CORNER OF SAID
0.620 ACRE TRACT, BEING IN THE COMMON NORTH LINE OF A 44.652 ACRE TRACT
DESCRIBED IN DEED TO THE DENTON COUNTY LEVEE DISTRICT # 1, RECORDED IN
COUNTY CLERK'S FILE NO. 95-R0055872, DEED RECORDS DENTON COUNTY TEXAS;
THENCE S 75o09'20'' W, ALONG SAID COMMON LINE, A DISTANCE OF 1342.59 FEET TO
A 1/2" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THE REMAINDER OF THE
VISTA PARTNERS TRACT, BEING THE COMMON SOUTHEAST CORNER OF THE
COPPELL I.S.D.TRACT, RECORDED IN VOLUME 97001, PAGE 1128, D.R.D.C.T.;
THENCE N 07o47'56'' W, ALONG THE WEST LINE OF THE REMANIDER OF THE VISTA
PARTNERS TRACT AND THE COMMON EAST LINE OF SAID COPPELL I.S.D. TRACT, A
DISTANCE OF 27.34 FEET TO A POINT FOR CORNER;
THENCE OVER AND ACROSS SAID VISTA PARTNERS TRACT THE REMAINING TWO (2)
COURSES AND DISTANCES:
N 75o00'32'' E, A DISTANCE OF 1032.78 FEET TO A POINT FOR CORNER;
N 74°14'12'' E, A DISTANCE OF 316.46 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 0.906 ACRES OF LAND, MORE OR LESS.
SHEET 1 OF 2
I:\SLD\95234602\SDATA\346EX022.DWG
1 "-200'
AMENDED PLAT
VISTAS OF COPPELL
PHASE 2(::
VOLUME 98188, PAGE
P.R.DE.C.T.
COMMON AREA
2O
19
DISTRICT ~1
I VOLUME 97097, PAGE 01854
LINE TABLE
LINE I BEARING I DISTANCE
L1 ~S 01'06'08' W 56.24
L2 I N 07*47'56" W 27.54
/
COMMON AREA
9
/
ccVISTA PARNTERS ·
~ 93-R006S535
D.R. DE.C.T.
FUTURE
VISTAS OF COPPELL
PHASE 3 12
o.g06 ACRE TRACT
DENTON COUNTY
9
7
6
5
5
2
1
FIRST TRACT
COPPELL I.S.O.
PROPOSED
COPPELL MIOOLE SCHOOL
NORTH ADDmON
UNRECORDED
'1/2'
~ SHEET
A,..~ o~
OA~: o8/14/98
~AA~N BY:. d. I~LAUOH~..R
C~I£OCED BY:. O.
EXHIBIT "B"
TRAIL EASEMENT
OUT OF' THE
CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1327
IN THE
CITY OF COPPELL, DALLAS COUNTY. TEXAS
Carter ,, Burgess
COnlultont~ iff Plonfliflg, Engineering, Architecture.
Conatructlon Management and Related Se~cel
CARTER & BURGESS. INC.
Z9000 9'1Z:86