ST9401-ES 981210 (6)STATE OF TEXAS §
COUNTY OF DALLAS §
DRAINAGE EASEMENT 4 I 7 1 C~ 4
1E~/30/98 13z~99~1 S19. O0
Deed
KNOW ALL MEN BY THESE PRESENTS:
CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada
general partnership fjk/a Vista Partners (hereinafier 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 non-exclusive drainage easement (the "Drainage Easement") over, on, upon, under, across, and
along the tract of land 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, reserve the right (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 (36866
Except as provided below, Grantee reserves the right, for itself and its employees, agents and
contractors, to remove, damage, or destroy, fxom time to time, any of the Permitted Improvements
to the extent reasonably necessary for Grantee to exercise the rights herein 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 nmning 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,
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
98252 068 , 7
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
GRANTEE:
CITY OF COPPELL, TE S
ATTEST:
BY:
City Secretary
e 255 Parkway Boulevard
Coppell, Texas 75019
H:XDSTARKEYXFORMDOCS~EASEMNTSXDRA1NAG2.698
3
98252 06848
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigr~.ed, a Notary Public in and for said County and State, on this day
personally appeared 15. (q [Y'I~ it& ~t~ , known to me to be the person whose name
is subscribed to the foregoing instrument and a~knowledged 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.
5
GL~I~N UNDER MY HAND AND
C, ( ,1998.
~.~..".2....~ JODY k. METCALF
-~4v~.-~,,,v~ omm. Exp.
SEAL OF OFFICE, this the}CPLday
of
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned, ajNotary Public in and for said County and State, on this day
personally appeared ~ ~ i, ] l ff 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.
UNDER MY
,1998.
HAND AND SEAL OF OFFICE, this the/_~ y of
Notary Public, Stat ~ of Texas
Notary's printed name:
' ........~,~. PAULA J. CR0CKER
' ...:~y.;~.;~,.October 17, 2000
·
98252 068h9
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT No. DE5-2
BEING 273 square feet 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 point 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, 345.70 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, 24.43 feet~to a point;
THENCE S 30°15'33"E, 10.00 feet to a point;
THENCE S 59°44'27"W, 30.21 feet to the PLACE OF BEGINNING, containing
273 square feet of land.
98252 06850
SC/~I..E
I I I
0 30 60
OI--
--rn <,.)n'~
d
DRAI NAGE
EASEMENT
No. DE5-2
27:5 SO. FT.
LOCATED IN THE CLAR I NDA SQU IRES SURVEY
ABSTRACT No. 1327 I N THE C I TY OF
COPPEEL, DALLAS COUNTY, TEXAS
10-14-97
DE5-2
WA# 94095
V'IIA-,.. i Ai.oc,A~.., ,.c.
98 DEC 30 PH 12= 09
ZSE86
~'.ny prOviSiOn herein which restrl~s the sale, rental, or use of the
<-.scribed real property because of Color or ,ace I$ invalid and
lnentorceeble under federal law,
~:I'A~E OF TEXAS COUNTY OF DALLAS
I ~,r_feby ce~ify this instrument was filed on th~ date and time
~,t,,n~ped hereon by me and was duly ,ecQrdzd in the volume and
~i~! ,)t tn,~ nam~cl ~ecsr~Js of Daila~ County, Tc,xi$ a~ ~tampe~l
~CQUNTY CLERK, Dallas County, Texas
T * Ilrl [ T ......