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Vistas of C P3-ES 981021 (2)THE STATE OF TEXAS COUNTY OF DENTON DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1, a political subdivision of the State of ~exas (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 Exhibit "A" 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 drainage ditch or storm 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 drainage facilities. It is expressly understood and agreed by and between the parties that this Drainage Easement shall be subject to and governed by the following provisions: TC~G\106049 . 1 \ S TO~/~S EWRRF~%S~E~T 3182 (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) 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. (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 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 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. TC~\106049.1\ STORMS EWEREASEM~NT 3182 2 ,. q2 300L 36 IN WITNESS WHEREOF, this instrument is executed this ~/rY-day of ~TD~ , 1998. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1, a political subdivision ACCEPTED AND AGREED: CITY OF COPPELL By: Its: By: ~__ , rmanHatchett Board of Directors THE STATE OF TEXAS This instrument was acknowledsed before me on the ~g+ day of CL-~&~ , 199s, by Ross a. Hatchett, Chairman, Board of Directors, Denton County Levee Improvement District No. 1, a political subdivision, on behalf of said subdivision. (SEAL) Notaz~'Public in and for the State of Texas Name printed or typed My Commission Expires: T6~\1060&9.1\ S TORMSENE~EAS~ENT S 182 3 00 39 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: TC, G\106049.1 \ STO~SEWEI~.SEMENT3152 4 EASEMENT DESCRIPTION BEING A 20 FOOT WIDE DRAINAGE EASEMENT SITUATED IN THE CLARINDA SQUIRES SURVEY, ABSTRACT NO.1327, IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS BEING A PART OF THAT CALLED 0.906 ACRE TRACT OF LAND RECORDED IN VOULME 98215, PAGE 21 OF THE DEED RECORDS OF DALLAS COUNTY; TEXAS (D.R.D.C.T.) ALSO RECORDED IN COUNTY CLERKS FILE NUMBER 98R0099365 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (D.R.DE.C.T.) AND BEING A PART OF THAT CALLED 44.652 ACRE TRACT OF LAND RECORDED IN COUNTY CLERKS FILE NUMBER 95-R0055872 D.R.DE.C.T.; TO THE DENTON COUNTY LEVEE IMPROVEMENT DISTRICT #1(LEVEE TRACT), . SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 518" IRON ROD CAPPED "CARTER & BURGESS"SET AT THE SOUTHWEST CORNER OF LOT 18, BLOCK D OF THE REPLAT OF THE 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, BEING THE COMMON NORTHEAST CORNER OF SAID 0.906 ACRE LEVEE TRACT; THENCE S 74°14'12'' WALONG THE NORTH LINE OF SAID 0.906 ACRE LEVEE TRACT A DISTANCE OF 316.46 FEET TO A POINT FOR CORNER; THENCE S 75°00'32" W ALONG SAID NORTH LINE A DISTANCE OF 393.93 FEET TO THE POINT OF BEGINNING; THENCE OVER AND ACROSS SAID LEVEE TRACTS THE FOLLOVVING THREE (3) COURSES AND DISTANCES; S 14059'28" E A DISTANCE OF 90.00 FEET TO A POINT FOR CORNER; S 75°00'32" W A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER; N 14059'28'' WA DISTANCE OF 90.00 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF SAID 0.906 ACRE LEVEE TRACT; THENCE N 75°00'32'' E ALONG SAID NORTH LINE A DISTANCE OF 20.00 FEET; TO THE POINT OF BEGINNING, AND CONTAINING 1800 SQUARE FEET, 0.041 ACRES OF LAND, MORE OR LESS. 1 "=200' AMENDED PLAT VISTAS OF COPPELL PHASE 2C VOLUME g8188, PAGE 64 P.R.DE.C.T. / COMMON AREA 9 / 8© cVISTA PARNTERS C~ 93-ROO69535 D.R.DE.C,T. FUTURE /VISTAS OF COPPELL PHASE 3 12 / I1 / 17 © COMMON ARE~ 2O 19 18 17 VOLUME 97097, PAGE 01854 D.R.D.C.T. 0.906 ACRE TP~CT / DENTON COUNTY IMPROVEMENT OISTRICT PAGE 21 D.R.D.C 16 15 14 12 14'59'~e' 9 90.00 8 / / / 5 4 5 4 2 1 )1/2' IRF FIRST TRACT COPPgU. ~.S.D. VOL. 97001, PG.1128 PROPOSED COPPELL MIODLE SCHOOL NORTH ADDITION UNRECORDED SHEET ,~ OF 2. DATE: 08/14/98 SC, ll~: 1'i200' I~&W~I BY:. J. I~LAUGHTER CHECKED BY:. G. EXHIBIT "A" 20' DRAINAGE EASEMENT OUT OF THE CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1527 IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS Carter,,Burgess COfllU tantl in Planning, Engineering, Architecture, ConatrucUon kk3nagement and Re atecl Services n Dec E~ ~99B 0 ~t ~0:49am D°c/~ e : D~co!?d~9= ~5.00 ~oc/~~m~ : 6.0B DepUtY