Valley R Center-ES 85102507/18/2002 08:28 214 8247064 BROCKETTE DAVIS DRAK PAGE 02/10
SFCO ACCONODAT)ON PH /ch -LBJ $17.00 (Valley Ranch)
...�
DRAINAGE RASHREXT
a 17.00 DEED
THR STATE OF T=8 I (12 F! Q 2 1b ;'.`•I55
R SNOW ALL BEN BY THESE PRESEST8r
COUNTY OF DAW AS X
THAT, the undersigned,TRILAND /HDRTESTED, a Texas Joint venture,
acting herein by and through its duly authorized agent and manager,
TRILA290 DEVELOPMRMT, IPC.., hereinafter referred to as Grantors,
whether one or more, for and in consideration of the sum of One
Dollar ($1,00) to Grantors in hand paid by the Irving Flood Control
District, section Iii, the receipt of which in hereby acknowledged,
and the further consideration of the benefits to be derived by
Grantors from the placing of a drainage ditch through the premises
hereinafter described, bave this day granted and conveyed and by
these presents do hereby grant and convey unto the Irving Flood
Control District, Section Ili, situated in Dallas County, Texas, as
easement for the purpooe of constructing, reconstructing, repairing
and perpetually maintaining a drainage ditch, together with
providing reasonable and necessary ingress and egress thereto, in,
upon and across the following described land, to -wits
All that certain tract, piece or parcel of land lying and
being situated in the County of Dallas, State of Texas,
described in Exhibit "A" attached hereto and made a part
hereof for all purposes, to which reference is hereby made
for a more particular description of said property (the
"Easement Area ");
,To ELams AND To HOLD, the aforesaid easement rights unto the Irving
cE'lood Control District, section III, its auccessors and assigns,
and Grantor does hereby bind itself and its successors to warrant
and forever defend all and singular the said rights of easement to
the Grantee, its successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part
thereof. The foregoing grant, sale and conveyance of the Easement
Area is expressly subject to the following conditions.
1. in the event that the Grantee, its successors and /or assigns
discontinue the use of all ar any part of the Easement Area for
the purposes described hereinabove, the discontinued portion of
this Easement shall be released and discharged to Grantor, its
successor and /or assigns, upon repayment by Grantor, of the
consideration paid by Grantee plus eight percent (B8) annual
interest tbereon,
2. if, in exercising Grantee's rights in such Easement Area or
areas appurtenant thereto, Grantee causes any changes in or
injury to the Easement Area, any improvements therein or the
property appurtenant thereto, Grantee, within a reasonable tine
after the exercise of such rights, shall reasonably restore the
Easement Area, the property appurtenant thereto and /or such
improvements to a similar condition existing prior to the
change or Injury; and
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3. This grant is made subject to the rights of the public and
j . Grantor, its successors and /or assigns to perform maintenance
on the improvements within the Easement Area to use the
Easement Area for a recreational common area, for utility and
street right -of -way, and for pedestrian and vehicular ingress,
egress and access to and from property appurtenant to such
Easement Area, such usee to include, but not be limited to,
Grantor's use of the Easement Area to construct or reconstruct
end maintain roadways, bridges, and parking facilities, storm
sewers, utility mains and lines, pedestrian walkways and
bridges, walls, slope lining, landscaping and irrigation
systems, parks, picnic and recreational areas and facilities,
including, but not limited to golf courses, baseball fields,
soccer fields, foot ball fields, outdoor basketball courts,
tennis courts, rugby fields, lacrosse fields, and cricket
fields, lighting, bicycle paths and signage within, over#
under and across tha Easement Area, provided said uses do not
unreasonably interfere vith the intended and necessary use of
the Easement Area by Grantee, and further provided the Grantee
shall in no way be responsible for any damages thereto as a
result of the drainage functione of said ditch or the
maintenance tbereof as a drainage facility.
4. Grantee agrees to indemnify Grantor againet, and hold harmless
from, any and all liens, liabilities, losses, expenses, damages
and claims for injury or damage to persons or property which
result from, arises out of, or are attributable to the
activities undertaken by Grantee pursuant to the zights and
privileges herein granted.
5, Grantor agrees to indemnify Grantee against, and bold Grantee
harmieaa from, any and all liabilities, losses, expenses,
damages and claims for injury or damage to persons or property
located on the Easement Area whicb result from, arises out of
or attributable to Grantor's use of the Easement Area as
permitted herein.
S. Any earthen material excavated from the Easement Area shall be
and remain the property of the Grantor, to be spread on the
land.
7. If Grantor should ever determine, at its cost, to relocate,
modify or change the area of the drainage ditch, then the
Grantee shall accept any new easement area in lieu of the
easement area not then required and release the unneeded
portion to the Grantor upon completion of the relocation,
modification or change.
IMECDTED this _L' ; day of
TRII.ABD /NORTHSTED JOINT VERTaR8, A Tex
joint venture, acting herein by and through
its duly authorised agent and manager,
Triland Development, Inc., a Texas
corporation.
.�
By
Mil' warI3 Rea, President
1 5 210 0639
7!18' 2002 08:28 2148247064 BROCKETTE DAVIS DRAK
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STAIR O? TEXAS X
COU OP DA1JAAS X
NTY
X
BEFORE EE, the undersigned authority, a Notary public in and
for State of Texas, on this day personally appeared BDITARD P. RBA,
President ofTRILARD DSVELOVKE$T, INC., the duly authorized agent
and manager of TUXLAM/NaRTHSTED JOINT VENTURE, known to me to be
the person and Officer whose name is subscribed to the foregoing
inati:ument and acknowledged to me that the same was the act of said
TRILAND DEVELOPMENT, INC., in its capacity as agent and manager for
TRILAND /NORTBSTRD JOINT VHN"2E, and that he executed the game for
the purpoaes and consideration stated therein.
i
GI E V U%R My SAND AND SEAL OF OFFICE this - -J day of
1985.
Not Public. State of Texas
My COmmissi n Expiresi ~[ r
g� /1g, yq
(Printed or Typed Name of xctary)
3
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0i/18 l2002 08:28 2142247064 BROCKETTE DAVIS DRAK PAGE 05/'10
I ,t
,y' I
r LXM=LDHB' 6 COLTS=T mw BUBORDINA7l'IOA
v
The undersigned holder of liens against the Basement Area get
forth hereinabove, hereby consents to the grant of this Easement
and agrees that the liens evidenced by that certain Deed of Trust
(With security Agreement and Assignment of Rents and Leases) dated
September 5, 1984 executed by TRILALTD /170RTBSTSD JOINT VENTURE to
Barry 17. Drees, Trustee, recorded in Volume 84178, Page 0129, Deed
of Trust Records, Dallas County, Texas, securing payment of one
certain Promissory Note of even date therewith in the original
principa. amount of $8,500,000.00, payable to the order of the
undersigned company and held by Such holder aro hereby
subordinated, in all respects, to the provisions of such Easement
Agreement.
LILI AIML=
ROYAL BANK OP CANADA
Randal D. RooL
THE STATE Ae TEXAS Y
COUNTY OF PALLAS Y
BEFORE N X, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared
Randal D, Root of ROYAL BANK OF CANADA,
known to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein,
expressed.
GIVEN UNDER NY BMW AND SEAL Or OFPICS this __16Ch
day of October I9B5.
Notary P biic, Sta
of' Texas
(Printed or Typed Name of Notary)
My commies on expires:
1
07/18/2002 08:28 2142247064 BROCKETTE DAVIS DRAK PAGE 06/10
I EXHIBIT A page 1 of 4
BEING a tract of laud cut Of the Singleton Thompson Survey,
Part of a tract of land conveyed to TrilarAlUoortbsted intbVenturelas3recordedin
Volume 82118, Page 0213 of the Deed Records of Dallas County, Texas and being more
if
particularly described ae follows:
K
C0E02NCING at the moat uorthwest corner of said Triland /Nortbated Joint Venture
tract;
THENCE South 85 degrees 42 minutes 35 seconds East, a distance of 511.67 feet to a
point for a corner;
TNEFCE South 00 degrees 10 miauies 00 seconds west, along the west right -of -way of
MacArthur Boulevard, a distance of 718.49 feet to the roiNT Oy 3RG12tWaG,
TRUCE South 0 degrees 10 minutes 00 seconds iciest, along said vast right -of -Way
line, a distance of 60.88 feet to the point of curvature of a circular curve to the
left having a radius of 1135.00 feet;
TR3NCE Soarberly, along said rest right -of -way line, and along said curve through a
central angle of 14 degrees 23 minutes 54 seconds, an are distance of 285.22 feet to
a point for a corner;
THENCE South 93 degrees 33 minutes 10 seconds Vest, along the proposed right -of -way
mine of the Irving Flood Control District (I,F.C.D.) right -of -way, a distance of
435.07 feet to a point for a corner;
TUNCE North 0 degrees 1Z minutes 00 seconds hest, along said right -of -gray line, a
distauca of 538.23 feet to a point for a corner;
THENCE North 0 degrees 10 minutab 00 setbdds fast, along said right -of -way line, a
distance of 20.00 feet to a point for a corner;
THENCE South 89 degrees 49 minutes SO seconds East, along said right- of --way line, a
distance of 34.02 feet to a point for a corner;
THENCE South 12 degrees 28 minutes 52 seconds East, along said right -ofway line, a
distance of 157.77 feet to a point for a corner, said corner being on a circular
curve to the left having a radius of 60.00 feet and whose back tangent bears South
19 degrees 45 minutes 49 seconds East;
THENCE Southeasterly, along said right- of-way line and along said curve through a
central angle of 76 degrees 00 minutes 00 seconds, an are distance of 79.59 feet to
the point of taagency;
THENCE North 84 degrees 14 minutes 11 seconds East, said right -of -way line, e
distance of 270.27 feet to the POINT OY BEGINNING AND CONTAINING 154,352 square feet
G or 3.5434 acres of laud more or less,
AND BEING a tract of land out of the Singleton Thompson Survey, Abstract 1493, and
being part of a tract of land conveyed to Triland /Northated Joint Venture as
recorded in Volume 82118, rage 0213 of the Dead Records of Dallas County, Texas and
being more particularly described as follows:
152110 0842
' 08:'28 2148247064 BROCKETTE DAVIS DRAK PAGE 07i1A
EXHIBIT A Page 2 of d
f CO2DSENCIbf6 at tha moat northwest corner of said Triland /Morthated Joint Venture
^y tract;
TEEFCE South 85 degrees 42 minutes 35 seconds East,
point for a corner; a distance of 511.57 feet to a
THENCE South 00 degrees
POINT OF 8$G71tNLHG; 30 siuutea 00 seconds West, a distance of 699.13 feet to the
THENCE North 81 degrees 18 minutes 11 seconds East, along the proposed right- of -vay
line of the Irving Flood Control District (I.F,C right -of -way, s distance of
480.15 feet to s point for a corner, said corner being on a circular curve to the
right having a xadiue of 1060.00 feet and whose back tangent bears South 84 degrees
14 minutes 11 seconds West;
THENCE Easterly, along said rigbt-of -way line. and along said curve through a
central angle of 19 degrees 41 minutes 36 seconds, an arc distance of 364.34 feet to
the point of eaugency;
THENCE South 76 degrees 04 minutes 13 seconds East, along said right-of-way Mae, a
distance of 190.32 feet to the point of curvature of a circular curve to the right
having a radius of 1600.00 feet;
THENCE Easterly, along said sight -of -way line, and along said curve through a
central angle of 17 degrees 58 minutes 31 seconds, an arc distance of 501.97 feet to
the point of tangency;
THENCE South 58 degrees 05 minutes 42 seconds Eaat, along said right -of -way I", a
distance of 647.33 feet to the point of curvature of a circular curve to the left
having a radius of 1493.00 feet.
THENCE Easterly, along said right -of -way line and along said curve through a central
angle of 30 degree 35 minutes 15 seconds, as arc distance of 797.04 feet to the
point of tacgency;
THENCE South 88 degrees 40 minutes 57 seconds East, along said right- of -way line, a
distance of 84.74 feet to a point for a corner;
THENCE South 01 degrees 19 minutes 03 seconds Wast, a distance of 26.53 feet to a
Point fOr a corner;
THENCE South 88 degrees 40 minutes 57 seconds Baet, a distance of 1972.03 feet to a
Point on a circular curve to the left having a radius of 490.48 feet and whose back
tangent bears South 19 degrees 53 minutes 59 socoada Vest;
TEENC& Southwesterly, along said right -of -way lime and along said curve through
a central angle Of 26 degrees 24 minutes 54 seconds, an are distance of 226.13 feet
to the point of tangency;
THENCE South 6 degrees 30 minutes 55 seconds East, along said right -of -way line, a
distance of 1654.04 feet to a point for a corner;
THENCE South 89 degrees 35 minutes 16 seconds hest, along said right -of -way line, a
distance of 515.68 feet to A point for a corner;
r 008:28 - 148247064 BROCKETTE DAVIS DRAK PAGE 08J1 =:
EXHIBIT A
Page 3 of 4
THENCE North 6 degrees 38 minutes 59 seconds West, along said right- of -vaq nine, s
distance of 955.77 feet to the point of curvature of a circular curve to the left
having a radius of 685.00 feet; _
THENCE Ncrthwe4terlq, along said right -of-way lane and along said curve t '
central angle of 81 degrees 57 minutes 20 Seconds, an arc distance of 979.8 hrough a
2 feet to
the point of tangency;
THENCE Worth 88 degrees 36 minutes 19 seconds west, along said right-of-way lirm . a
distance of 934.86 feet to the point of curvature of a circular curve to the right
having a radius of 1790.00 feet;
THENCE *Westerly, along said rigbt -of -way line and along said curve througb a central
angle of 31 degrees 51 minuteS 55 seconds, an are distance of 995.51 feet tc the
point of tangency;
THENCE North 56 degrees 44 minutes 24 seconds West along said ri,gbt -ofway line, a
distance of 654.58 feet to the point of curvature Of a circular curve to the left
having R radius of 1292.00 feet;
THENCE Westerly, along said right- of-wsy line and along said curve througb s central
angle of 39 degrees 40 minutes 26 second., as arc distance of 694.63 feet to the
point of tangency;
THENCE South 83 degrees 35 minutes 10 seconds Weat, along said rightrof -of 1 8, g
distance of 410.40 feet to a point for a corner, said corner being on a circular
curve to the right having a radius of 1025.00 feet and Whose back tangent hears
North 15 degrees 04 minutes 36 seconds heat;
THENCE Northerly, alonz said east rigbt-of-eay lice of said McArthur Boulevard t110
feet wide) and along said curve through a central angle of 15 degrees 14 minutes 36
seconds, an arc distance of 272.70 feet to the point of tangency;
TXMCB North 0 degrees 10 minutes 00 seconds East, along said east right -o£ -way
line, a distance of 72.30 feet to the POINT OF B86IANING AND CONTAINING 2,592,493
square feet or 59.5154 acres of land more or less for a total area of 2,746,845
square fast or 63.0588 acres of land more or less.
rz
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07/18/2002 08:2 2148247064
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