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ST9401-ES 981210 (4)TEMPORARY DRAINAGE EASEMENT STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general partnership f/k/a Vista Partners (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 (hereinafter 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 drainage easement (the "Temporary Drainage Easement") over, on, upon, under, across, and along the tract of land described and depicted on Exhibit "A" attached hereto (the "Temporary Easement Tract"). The Temporary Drainage Easement hereby granted above shall be used for the purpose of providing temporary drainage of surface and sub-surface waters from the land within the Temporary Easement Tract and neighboring land to the public storm sewer system. Grantee, and its agents, employees, workers, contractors, and representatives shall have the right and privilege of ingress and egress over, on, upon, under, across, and along the Temporary Easement Tract as may be necessary for the purpose of making additions to, improvements on, and/or repairs to said temporary drainage system or any part thereof. After construction of the temporary underground drainage system has been completed or after any entry for repairs or maintenance, Grantee shall return the surface area of the Temporary Easement Tract to its original condition as nearly as practical taking into consideration the nature of the work being performed. Grantor reserves the fight to use and maintain the surface of the Temporary Easement Tract for purposes which will not interfere with Grantee's rights hereby granted and agrees that upon completion of the underground facility and restoration of the surface, Grantee shall not be obligated for future maintenance and upkeep of the surface area. This Temporary Drainage Easement shall be in effect only during the construction of: (i) Denton Tap Road, (ii) the sidewalk easement parallel to Denton Tap Road, and (iii) the permanent drainage easement along Denton Tap Road, 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 Drainage Easement to be signed (by its duly authorized officer), and the CITY OF to be evidenced GRANTOR: CENTEX DEVELOPMENT COMPANY a division of CENTEX HOMES f/k/a Vista Parmers, a Nevada general parmership BY: ~ Dallas, Texas 75201-1516 ATTEST: City Secretary GRANTEE: CITY OF C;?ELL, TEXAS BY: , / Address: ~255 Parkway Boulevard Coppell, Texas 75019 H:XDSTARKEYXFORMDOCS'XEASEMNTSNDRAINAG1.698 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 ~ ~CIFx~-% ~Br'!F 1~1 , known to me to be the person whose name is subscribed to the foregoing instrument and~c~(owledged 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. ,1998. ,~ / ~ .~ Notary Pubr~c f ~,~.. x-~/,,,....s State of Texas i~ SEAL OF OFFICE, this the ~C~ay of STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Not .ary Public in and for said County and State, on this day personally appeared ~i~ ~ 11~ 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. GWEN UNDER MY HAND AND SEAL OF OFFICE, this the/~/~day of Notary Public, State o/Texas Notary's printed name: EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY DRAINAGE EASEMENT No. TDE5-1 BEING 0.364 acres of land located in the Clarinda Squires Survey, Abstract No. 1327 and the G.C. Woolsey Survey, Abstract No. 1402, 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 North 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 ( a proposed 120 foot wide right-of- way); THENCE N 00°15'33"W, along said proposed East right-of-way line of Denton Tap Road, 2.81 feet to a point; THENCE N 59°44'27"E, 35.98 feet to a point; THENCE N 30015'33"W, 10.00 feet to a point; THENCE S 59°44'27"W, 30.21 feet to a point lying in said proposed East right- of-way of Denton Tap Road; THENCE N 00°15'33"W, along said proposed East right-of-way line of Denton Tap Road, 331.34 feet to a point; THENCE N 59°44'27"E, 30.21 feet to a point; THENCE N 30°15'33"W, 10.00 feet to a point; THENCE S 59°44'27"W, 24.43 feet to a point lying in said proposed East right- of-way line of Denton Tap Road; THENCE N 00°15'33"W, along said proposed East right-of-way line of Denton Tap Road, 262.89 feet to a point; THENCE N 89°47'52"E, 22.33 feet to a point; THENCE S 04°04'24"E, 10.00 feet to a point; THENCE S 00015'33"E, 75.00 feet to a point; THENCE S 01°47'12"E, 75.03 feet to a point; EXHIBIT "A" THENCE S 01 °24'59"E, 99.02 feet to a point; THENCE S 00°15'33"E, 73.00 feet to a point; THENCE S 11°50'08"W, 28.64 feet to a point; THENCE S 00°35'18"E, 114.00 feet to a point; THENCE S 14°48'40"E, 37.19 feet to a point; THENCE S 06°20'52"E, 75.43 feet to a point; 'THENCE S 10°52'44"E, 16.28 feet to a point; THENCE S 00°15'33"E, 21.27 feet to a point lying in said North right-of-way line of Natches Trace Drive; THENCE along said North right-of-way line of Natches Trace Drive as follows: NORTHWESTERLY along a curve to the Left, having a radius of 338.00 feet, a central angle 06°29'12'', and a chord bearing N 87003'13"W, 38.25 feet to a point; S 89°42'11"W, 3.81 feet to the PLACE OF BEGtNN!N,G, containing 0.364 acres ( 15,847 square feet) of land. "" '/' ~'/' 2 17 i"i'! ..... ~ oo.,~,s~..L-s ~w~,K i ~ DEN ON-TAP ROAD. 2.e~' EASEMENT! i~- ~ ~ ~ No. SW5-2~ ~ ; PLACE OF- ~ _~ J~ZL_ _ '~ ~ ~ , ~ - .. ~ '. ,,.,.., ." ......~ .. ~... :' ..... :... : . , .. . . . . . .:.;......,~~ ~ ~=N 87'~'1~'W ...' : - ',2~'52'E 75.4~' 5 ~8.25 ' ~ . ' =-- ' S ~' 15~"E 2 I. 27'V I STA PARTNERS ~//~ ~ / Dec. NO. ~S-R~eeSS5 NO. TDE 5- I ~~ D.R.D.C.T. / SCALE [ I I 0 ;~0 60 ;~ , .- _ O. ~64 ACRES ~. B47 SQ. FT. LOCATED I N THE CLAR I NDA SOU IRES SURVEY ABSTRACT No. 1327 AND THE G..C. WOOLSEY SURVEY ABSTRACT No. 1402 I N THE C I TY OF COPPELL, DALLAS COUNTY, TEXAS 10-13-97 : SHEET I OF 2 TDE5-1A WAft: 94093 ~'~ WIER & ABgOCIATE8~ INC. r III ! 219 I ~-~ I 220 24~ 5~ N ~' ~5 '~'W 22 I I I~i I ' : I ~: I DENTON-TAP ROAD __J~L__ I  No. DE5-2___ '~'P '._~_, '" ~so,~ ~ ARCEI"5C ~....~,.. .. . .. ~....."."." . .... ."""":":' .".~4,'.~'.' ~o .'. ,~ '.' "'::' '.:':"" "": :"":"" ........ "'. .": ." ....'".""~:,"'.~'~'.' ','0 :'"." ":' "' '"~ .z.. ~' oi '~4';59'E 99.~' ' SOI '47' 12"E ' 75..' "' ~' ' ~' 15'3~'E ' I V I STA PARTNERS DOC. NO. 9:S-R00665:~5 D.R.D.C.T. SCALE I 30 /// /// I// /// ,,\\ TEMP. CONST. ESMT. No. EXHIBIT 'A' TEMP. DRAI NAGE EASEMENT No. TDE 5- I O. :.'.'.'564 ACRES 15,847 SO. FT. LOCATED I N THE CLAR I NDA S(::}J IRES SURVEY ABSTRACT No. I;327 AND THE G.C. WOOLSEY SURVEY ABSTRACT No. 1402 IN THE C I TY OF COPPELL, DALLAS COUNTY, TEXAS 10-13-97 SHEET 2 OF 2 C,\94093\TDE5-1B WA# 94093 ~ WIER I AIIOCIATE6~ INC.