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ST9401-ES 981210TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general parmership f/k/a Vista Parmers (hereinafter called "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) to it cash in hand paid and other good and valuable consideration, paid by the CITY OF COPPELL, TEXAS, a municipal corporation ('hereinafier called "Grantee"), the receipt of which is hereby acknowledged and confessed, have granted, sold, and conveyed and by these presents do grant, sell, and convey unto the CITY OF COPPELL, TEXAS, a temporary construction easement (the "Temporary Construction Easement") over, on, upon, under, across, and along the tract of land described and depicted on Exhibit "A" attached hereto (the "Temporary Construction Tract"). The Temporary Construction Easement hereby granted above shall be used for the purpose of providing access to Denton Tap Road during the construction of said Denton Tap Road fight-of- way, such right-of-way being granted by Grantor to Grantee by that certain Right-of-Way Dedication Deed Without Warranty attached hereto as Exhibit "B" CRight-of-Way"). Grantee, and its agents, employees, workers, contractors, and representatives shall have the right and privilege of ingress, egress, and regress over, on, upon, under, across, and along the Temporary Construction Tract as may be necessary for the purpose of constructing, making additions to, improvements on, and/or repairs to the Right-of-Way or any part thereof. After construction of the Right-of-Way has been completed or after any entry for repairs or maintenance, Grantee shall return the surface area of the Temporary Construction Tract to its original condition as nearly as practical taking into consideration the nature of the work being performed. Grantor reserves the right to use and maintain the surface of the Temporary Construction Tract for purposes which will not interfere with Grantee's rights hereby granted and agrees that upon completion of the Right-of-Way and restoration of the surface, Grantee shall not be obligated for future maintenance and upkeep of the surface area. / This Temporary Construction Easement shall be in effect only during the construction of the Right-of-Way and shall terminate in any event no later than December 31, 1999. After recording. please return to: Denise Starkey, Paralegal c/o Centex Development Company 2728 N. Harwood Street Dallas, TX 75201-1516 TO HAVE AND TO HOLD unto the said CITY OF COPPELL, TEXAS, its successors and assigns, for the purposes aforesaid, the premises above described. IN WITNESS WHEREOF, CENTEX DEVELOPMENT COMPANY has caused this Temporary Construction Easement to be signed (by its duly authorized officer), and the CITY OF COPPELL, TEXAS has caused its acceptance of this Temporary Construction Easement to be evidenced by the signatures of its duly authorized officers this/t>#i day of Y'~e,o,,,~,,c' ,1998. ,. GRANTOR: CENTEX DEVELOPMENT COMPANY a division of CENTEX HOMES f/k/a Vista Partners, a Nevada general partnership - ess Dallas, Texas 75201-1516 ATTEST: City Secretary GRANTEE: CITY OF C,~PP , TEXAS BY: : ~2oulevard Coppell, Texas 75019 H:~DST.~d~f~EYMeORMDOCS~EASF, MN'fS\CONSTR. 698 2 'STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared F" C~ ["ILK ]C,~ [",W~ ~int~ , known to me to be the person whose name is subscribed to the forego~;~g instrument and ac wledged to me that the same was the act of CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general partnership f/k/a Vista Partners, that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND ~:~L ,1998. ~t~, JODY L. METCALF "/'~'a~'Si+; My Comm. Exp. 09-20-00 SEAL OF OFFICE, this the }Q"tLday of ,,,N~tary's printed name: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a No~.t,yy Public in and for said County and State, on this day personally appeared "~i'h--, UJt"H-: of the CITY OF COPPELL, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF COPPELL, TEXAS, and that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the//9 day of Notary Public, StatexofC/e~xas Notary's printed name: 3 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT No. TE5-2 BEING 3,379 square feet of land located in the Clarinda Squires Survey, Abstract No. 1327, Dallas County, Texas, being a portion of that certain 23.589 acre tract of land described in deed to Vista Partners, recorded in Document No. 93-R0066535 of the Real Property Records of Denton County, Texas-and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod set at the intersection of the South right-of-way line of Natches Trace Drive ( a variable width right-of-way)and the proposed East right-of-way line of Denton Tap Road; THENCE N 89°42'11"E, along said South right-of-way line of Natches Trace Drive, 10. 13 feet to the beginning of a curve to the Right; THENCE SOUTHEASTERLY, 6.87 feet along said curve to the Right having a radius of 270.50feet, a central angle of 01°27'16'', and a chord bearing S 89°34'11 "E, 6.87 feet to a point; THENCE S 41 °43'08"W, 10.46 feet to a point; THENCE S 00°25'00"W, 95.04 feet to a point; THENCE S 07°05'48"W, 96.32 feet to a point; THENCE S 00°17'24"W, 26.11 feet to a point; THENCE S 02°00'28"W, 1-79.97 feet to a point lying in the East right-of-way line of Denton Tap Road; THENCE along said East right-of-way line of Denton Tap Road (avariable width right-of-way) as follows: N 00°17'49"W, 98.79 feet to a 518" iron rod found; N 06°01'36"W, 79.86 feet to a 112' iron rod set in the proposed East right of way line of Denton Tap-Road; THENCE along the proposed East right-of-way line of Denton Tap Road as follows; N 05°00'11"E, 8.28 feet to a 1/2" iron rod set at the beginning of a curve to the left; Exhibit "A" NORTHEASTERLY, 17.80 feet along said curve to the Left, having a radius of 1,460.00 feet, a central angle of 00°41'55'', and a chord bearing N 04739'14"E, 17.80 feet to a 112" iron rod set at the beginning of a curve to the right; NORTHEASTERLY, 46.25 feet along said curve to the Right, having a radius of 250.00, a central angle of 10°36'02'', and a chord bearing N 09°36'17"E, 46.19 feet to a 1/2" iron rod set at the beginning of a curve to the Left; NORTHEASTERLY, 65.09 feet- along said. curve to the Left, having a radius of 250.00 feet, a central angle of 14°55'03'', and a chord bearing N 07°26~47"E, 64.91 feet to a 1/2" iron rod set at the beginning of a curve to the Left; NORTHWESTERLY, 6.34 feet along said cu~'ve to the Left, having a radius of 1,472.00 feet, a central angle of 00014'49", and a chord bearing N 00°08'09"W, 6.34 feet to a 1/2" iron rod set; N 00°15'33'W, 83.97 feet to the PLACE OF BEGINNING, containing 3~379 square feet of land. Exhibit "Am'  ~ I . ~ ~ 64.91' E-,: ~,,__::: -- : ::: ...__ ~':-- :: __i ~i ': ~ ~-:~--; :~ ~: :--:~- 7-'': = ': ~:: Z~""~ ............. ' ....... ,~ ',~.'~'~ PARCEL 5~ .~'~' I_PARCEL 5C~ i!:i>~>:>!>:~::='~'''' ~ :::-o oN,,OO'I5'33,',W 83.97,<,' ~" /'~PLACE OF ,/~ \\ - o, I 96.32' 10.46' . I0.13't I. 472. O0 ' D= 00'14'49' ' / L= 6.34' / CH=N 00'08 '08'W 6.34' V I STA PARTNERS DOC. NO. 9:5-R0066535 D.R.D.C.T. 12.26:1: ACRES REMA I N I NG SCALE I I 30 60 EXHIBIT 'A' TEMP. CONS TRUCTI ON EASEMENT No. TE5-2 ,:.3,379 SQ. FT. LOCATED IN THE CLAR I NDA SQU IRES SURVEY ABSTRACT No. 1327 I N THE C I TY OF COPPELL, DALLAS COUNTY, TEXAS 02-27-98 SHEET I OF 2 TE5-2A WA~ 94093 V'/IA w,.. . ...oc,...., ,.c..... /// /// ---- 0 /// /// /// /// /// ~ '7/7 '~ DENTON-TAPROAD .- ~5o oo' ,\, .,,, ,, ~ D; ~O'~6'o'z'· "' "' ' R= ~: ~60. ~L= 6. ~5' D= ~'41 '55' C =N ~'36'17'E I 8. L=8 =,17.80 ' · , · ' ~ N ~' 17' 49 · W 98.79 ~ .~ I ' ~ ~ '11'E ............. ~ :~' 17'24'W 26.11' V I STA PARTNERS DOC. NO. 93-R0066535 D.R.D.C.T. 12.26+ ACRES REMA I N I NG SCALE I >- t--TS TEMP. EXHIBIT 'A' CONS TRUCTI ON EASEMENT 3,3 79 SQ. FT. LOCATED I N THE CLAR I NDA SQU IRES SURVEY ABSTRACT No. 1327 I N THE C I TY OF COPPELL. DALLAS COUNTY. TEXAS 03-02-98 SHEET 2 OF 2TE5-2B WAIf /I/A w,.. . ,No.--, RIGHT-OF-WAY DEDICATION DEED WITHOUT WARRANTY STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS WHEREAS, CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general partnership ("Grantor"), for and in consideration of the sum often and No/100 Dollars ($10.00) to it cash in hand paid and oth& good and valuable considerations, paid by the CITY OF COPPELL CGrantce"), the receipt of which is hereby acknowledged and confessed, have granted, sold, and conveyed and by these presents do grant, sell, and convey unto Grantee, a permanent and perpetual right-of-way, together with the customary uses attendant thereto, on, under,, across, and along the property situated in Dallas County, Texas, and described and d.e_picted on Exhibit "A" attached hereto. TO HAVE AND TO HOLD the above described right-of-way, together with all and singular, the right of appurtenances thereto, anywise belonging unto Grantee, its successor, and assigns forever, without warranty as title by Grantor and otherwise subject to all matters of record. IN WITNESS WHEREOF, Centex Development Company has caused this right-of-way dedication to be signed (by its duly authorized officer), and the City of Coppell has caused its acceptance oft his right-of-way dedication to be evidenced by the signatures of its duly authorized officer this IC} dayof r'k-o,..n~.~,~... r' ,1998. GRANTOR: CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general partnership F. Emery II Executive Vice Presid GRANTEE: CITY OF C~)PPELL J~/~'~itt, _6:tty finringer THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me orlr~n&. FI 998, by F. Charles Emery H, Executive Vice President of CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general partnership, on behalfC,~~d p '7~~,~ te of Texas MyCommissionExpires: C, ._~ [x . ~')4.7x.0 ~ 7---C~l'~ P~nted/Typb. cl Name of Notary THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on ~c. 10 , 1998, by ~ S~ha, x, ea o $ai . Notary Public, State exas My Commission Expires: ~r~ t~ ~1. '~. Cet, cbt Printed/Typed Name of Notary I 0/I7/ oo o PAULA J. CROCKER MY COMMISSION EXPI~S October 17, 2000 H:'4~ARK,EY'~FORJv!IX~EIv~ppFJJ~ !.OW 2 LEGAL DESCRIPTION RIGHT-OF-WAY PARCEL No. 5B BEING 1,697 square feet of land located in the Clarinda Squires Survey, Abstract No. 1327, Dallas County, Texas, being a portion of that certain 23.589 acre tract of land described in deed to Vista Partners, recorded in Document No. 93-R0066535 of the Real Property Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point at the intersection of the East right-of-way line of Denton- Tap Road (a variable width right-of-way) and the South right-of-way line of Natches Trace Drive (a variable width right-of-way); THENCE N 89°42'11 "E along the South right-of-way line of said Natches Tra..ce Drive, 21.13 feet to a 1/2-inch iron rod set; THENCE along proposed East right-of-way line of Denton-Tap Road as follows: S 00"15'33'E, 83.97 feet to a. 1/2-inch iron rod set at the beginning of a curve to the right; SOUTHEASTERLY, 6.34-feet along said curve to the right, having a radius of 1,472.00 feet, a central angle of 00°14'49", and a chord bearing of S 00°08'09"E, 6.34 feet to- a 1/2-inch iron rod set at- the beginning of another curve to the right; SOUTHWESTERLY, 65.09 feet along said curve to the right having a radius of 250.00 feet, a central angle of 14°55'03", and a chord bearing of S 07026'47"W, 64.91 feet a 1/2-inch iron rod set at~ the beginning of a curve to the left; SOUTHWESTERLY, 46.25 feet along said curve to the left having a radius of 250.00 feet, a central angle of 10°36'02", and a chord bearing of S 09°36'17"W, 46-.19 feet to-a 1/2-inch iron rod found at the beginning of a curve to the right; SOUTHWESTERLY 17.80 feet along said curve to the right having a radius of 1,460.00 feet, a central angle of 00"41 '55', and a chord bearing of S 04°39'14z'W, 17.80 feet to a 4/2-inch iron rod set; S 05°00'11"W, 8.28 feet to a 1/2-inch iron rod set in the said East right- of-way line of Denton-Tap Road; THENCE along the existing East right-of-way line of said Denton-Tap Road as follows: ~xhibit N 0e'ef'36-w, 20.69 feet to a 5/8-inch iron rod found; N 00°17'49"W, 205.52 feet to the PLACE OF BEGINNING, containing 3,479 square feet of land. ' x ~< ~ ~'rE:'~,.~ )( '~ ~ ' o X _ ~ × I ~ )( ~ ~ . ST~~ ~ ~.V ' ~ DENTON-TAP0 D ~'~ ~P ' ...... ~ ~ E · 4 T 6 47 ~~) ~A ~.5~NT~s~so5BPAY -- ...... · e: ,~60;~;ES'UT No. 5~-~ + e3.97' , , ~ , ' ABSTRACT No. 1~27 IN THE CITY OF I SC~E I COPPELL.. DALLAS COUNTY. TE:::7_9e