ST9401-ES 981210 (5)STATE OF TEXAS §
COUNTY OF DALLAS §
DRAINAGE EASEMENT
1H30/9~ 134998~ $19.00
KNOW ALL MEN BY THESE PRESENTS:
CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada
general partnership f/k/a Vista Partners (hereinat~er 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 non-exclusive drainage easement (the "Drainage Easement") over, on, upon, under, across, and
along the tract offand described and depicted on Exhibit "A" attached hereto (the "Easement Tract").
The Drainage Easement hereby granted above shall be used for the purpose of providing sub-
surface drainage of surface and sub-surface waters from the land within the 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 Easement Tract as may be necessary to construct, repair, maintain,
re-construct, and operate a sub-surface drainage facility and related appurtenances.
Grantor, its successors and assigns, may fully use and enjoy the Easement Tract; provided,
however, such use and enjoyment by Grantor shall not interfere with the exercise of the Grantee's
rights herein granted. Except as hereinafter provided, no building, structure, or other permanent
improvements may be constructed on the Easement Tract, including, but not limited to, buildings,
structural screening walls, retaining walls, carports, swimming pools and decks, free standing signs
(pole, pylon, etc.), entry features and monuments, trees, and storage buildings. Notwithstanding the
foregoing, Grantor, and its successors and assigns, reser,,e the fight (which reservation Grantee
hereby acknowledges shall not interfere with the exercise of the Grantee's rights herein granted) to
construct the following improvements on the Easement Tract: asphalt or concrete areas; public or
private utilities (including, but not limited to, gas, telephone, power, cable) that cross the Drainage
Easement at a 90° angle; public or private water lines and sanitary sewer lines that cross the
Drainage Easement at a 90 ° angle; chain link, wood, masonry, or wrought iron fencing; landscape
berms; landscape materials (excluding trees); and landscape irrigation systems (all of the foregoing
shall be collectively referred to as the "Permitted Improvements").
After recording. please return to:
Denise Starkey, Paralegal
c/o Centex Development Company
2728 N. Harwood Street
Dallas, TX 75201-1516
98252 06853
Except as provided below, Grantee reserves the right, for itself and its employees, agents and
contractors, to remove, damage, or destroy, from time to time, any of the Permitted Improvements
to the extent reasonably necessary for Grantee to exercise the rights heroin granted to Grantee.
Notwithstanding the foregoing, however, Grantee agrees that it will not take any action that would
interrupt any utility services that cross the Drainage Easement (as permitted above) without the prior
written consent of the provider of such utility services. Should it become necessary for Grantee (or
any of its agents, employees, workers, contractors, or representatives) to remove, damage, or destroy
any Permitted Improvement, Grantee agrees that such Permitted Improvement shall be repaired or
replaced as soon as reasonably practicable, at the sole cost and expense of Grantee, to the condition
and quality that such Permitted Improvement existed immediately before such removal, damage, or
destruction.
TO HAVE AND TO HOLD unto the said CITY OF COPPELL, TEXAS, its successors and
assigns, the above described drainage easement perpetually. -
This instrument shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties hereto.
This Drainage Easement, together with the other provisions herein, shall constitute a
covenant running with the land for the benefit of Grantee and Grantor, their successors and assigns.
IN WITNESS WHEREOF, CENTEX DEVELOPMENT COMPANY has caused this
Drainage Easement to be signed (by its duly authorized officer), and the CITY OF COPPELL,
TEXAS has caused its acceptance of this Drainage Easement to be evidenced by the signatures of
its duly authorized officers this/l~__~'day of ~et, ~ ,1998.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
98252 068514
GRANTOR:
CENTEX DEVELOPMENT COMPANY
a division of CENTEX HOMES f/k/a Vista Partners,
a Nevada general partnership
BY:!'
ITS:
Address:
2728 N. Harwood Street
Dallas, Texas 75201-1516 -
ATTEST:
City Secretary
GRANTEE:
CITY OF
BY:
ITS:
Address:
COP2~L, TEXAS
2 5 5 Parkway Boulevard
11, Texas 75019
H:'xDSTARKEY'd:ORMDOCSXEASEMNTSXDRAINAG2.698
98252 06855
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 12'_. C ~LE k~.%f~fr"')~F,[ , 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
CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general
parmership f/k/a Vista Parmers, that he executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated.
Q) GIVEN UNDER MY HAND AND
(k1~. ,1998.
SEAL OF OFFICE, this the ]C~day
~, tary s pnnted name:
of
STATE OF TEXAS §
COUNTY OF DALLAS §
personally appeared 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 Zp__fi6day of
Notary Public, State~f Texas
Notary's printed name:
4
,.,,,~"~""'~,~. PAULA J. CROCKER
}MY COMMISSION EXPIRES
October 't7, 2OOO
98252 06856
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT No. DE5-1
BEING 331 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 lying in the proposed East right-of-way line of Denton
Tap Road ( a proposed 120 foot wide right-of-way), lying N 00°15'33"W, 2.81
feet from 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 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, 11.55 feet to a point;
THENCE N 59°44'27"E, 30.21 feet to a point;
THENCE S 30°15'33"E, 10.00 feet to a point;
THENCE S 59°44'27"W, 35.98 feet to the PLACE OF BEGINNING, containing
331 square feet of land.
98252
i;'
06857
F'
No. TE5-2
I
I
SCALE
I
30
/ :S5.98' /- EXHIBIT
/ i VISTA PARTNERS
Doc. NO. 9S-RO0665~5 DRA I NAGE
D R.D C.T
0~ .... EASEMENT
:3:31 SO. F .
L/ ~ ~,~//
LOCATED IN THE CLARINDA SQUIRES SURVEY
ABSTRACT No. 1~27 IN THE CITY OF
COPPELLo DALLAS COUNTY, TEXAS
10-13-97
DE5-1
WAtt 94093
Vl//A WIBR & ASSOCIATB6~ INC.--
98 DEC 30 PH 12= 09
. !
iTJ/;iLLAS COUNTY
Any prOvisi~,n heraln ~zh~c5 re,~trf~s the s~le, l~1~8|, f e~ ~ ~l
described real prcpe~y bec: ~se Of Color Gr ~ace i$ invalid and
STA rE 0: '[EXA3 COU~ OF DALMS
t ~'.~,',~:~y c~-rt~;7 thL~ instrument was filed on the date and time
DEC 30 ~8
COUNTY CLERK, Dallas County, Texas