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SW0001-ES021101STATE OF TEXAS § COUNTY OF DALLAS § SIDEWALK EASEMENT lt/0t/08 2(;)54307 3535857 $17.00 KNOW ALL MEN BY THESE PRESENTS THAT, Riverchase Owner's Association, Inc. ("GRANTOR") in consideration of thc snnl ofTen and No/100 Dollars ($10.00) and other good and valuable consideration in hand by tBc ,~,_~ pp , "· " paid - "':tv of Co ell Texas ( GRANTEE ), receipt of which is hereby acknowledged by GRANTOR. does by tbese presents grant, bargain, sell and convey to GRANTEE the free and onintcrrupted use, liberty and privilege of passage in, along, upon and across the property owned by GRANTOR (the "Easement") as described in Exhibits A and B which are attached hereto and made a part hercot( GRANTEE hereby represents and ;varrants that the Easement shall be used solely for the purpose of constructing a public or pedestrian right-of-way sidewalk across thc property constituting the Easement terminating at Rivcrchase Elemcntary School (the "Sidewalk"). GRANTEE. its agents, employees, workmen and authorized representatives, shall have the right and privilege at all times of ingress, egress, and regress in, along, upon and across the Easement for thc purpose of Ibc construction of imprnverncnts upon aud repairs to the Sidewalk or any part thcrcol~ Said easement being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. GRANTEE and GRANTOR agree that thc removal of fences, buildings and other obstructions as may be foand upon the Easement shall be removed by GRANTEE prior to construction of the Sidewalk, and may be subsequently removed as needed for improvements upon and repairs to the Sidewalk. GI~,ANTEE shall return the Easement to like condition, including rebuilding and repair of any fences, buildiugs and other obstructions that were removed by GRANTEE. except as such may interfere with the safe and proper usc of the Sidewalk. GRANTORS reserve the right to use and maintain the surface of thc Easement lbr purposes which will not interfere with the rights grauted to GRANTEE, and agree that npon completion of the sidewalk construction, improvements and/or repairs. GRANTEE shall not be obligated for future maiutcnance and upkeep of the surface area of the Easement, except as otherwise may be agreed upon by GRANTOR and GRANTEE. GRANTEE shall be responsible lbr all maintenancc and repairs necessary to maiutain the Sidewalk in safe and proper condition, and GRANTOR shall in no way be responsible for the maintenance and repair of the Sidewalk. GRANTEE, and GRANTOR further agree that in return for the dedication of thc Easement tu GRANTEE. GRANTEE shall indenmify GRANTOR from any and all claims, incidents, i~x}uries or other actions resulting iu claims of liability insofar as they relate to thc Easement. m?2 I 0b, 968 TO HAVE AND TO HOLD unto GRANTEE, its successors or assigns for the purposes set forth herein, the above-described premises. EXECUTEDthis ~L] ~ R1verchase Owner s Association, Inc. GRANTOR Bx?': Melody L. Schottle, President STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the c~)~//'-//53tO day of Q)~/?lq(,~]-~¥ , 2002, by Melody L. Schottle, President of Riverchase Owner's / Association, Inc. Notary Public, State of Texas My Commission Expires: _ ~ -1% ~o~ Type / Print Name of Notary ~0]~2 I L~ 0k970 SIDEWALK EASEMENT David Meyers Survey, Abstract No. 886 City of Coppell, Dallas County, Texas; BEING a 0.002 acre tract of land situated in the David Meyers Survey, Dallas County, Texas; said tract being pad of Landscape and Drainage Easement Common Area #4 as described by Plat recorded in Volume 95031, Page 2123 of the Deed Records of Dallas County, Texas; said 0.002 acre tract being more particularly described as follows; COMMENCING, at a point; said point being the most southerly corner of Lot 3, Block A, St Joseph Village, a proposed addition to the City of Coppell, Texas; THENCE, North 70 degrees, 58 minutes, 38 seconds East, departing the northeast line of said Lot 3 and across Lot 4 of said St Joseph Village, and across D.P. & L. Right-Of-Way recorded in Volume 4594, Page 312 of the Deed Records of Dallas County, Texas, a total distance of 567.74 feet to the POINT OF BEGINNING; said point being in the southeast line of said D.P. & L. Right- Of-Way and the northwest line of said Landscape and Drainage Easement Common Area #4; THENCE, North 29 degrees, 13 minutes, 04 seconds East, along the said southeast line of D.P. & L. Right-Of-Way and northwest line of Landscape and Drainage Easement, a distance of 20.22 feet to a point for corner; THENCE, South 69 degrees, 15 minutes, 45 seconds East, departing said southeast line of D.P. & L. Right-Of-Way and northwest line of Landscape and Drainage Easement, a distance of 5.06 feet to a point for corner in the southeast line of said Landscape and Drainage Easement and a northwest line of Lot 11, Block B of the River Ridge Addition, an addition to the City of Coppell, Texas according to the plat recorded in Volume 95031, Page 2123 of the Deed Records of Dallas County, Texas; THENCE, South 29 degrees, 13 minutes, 04 seconds West, along the said southeast line of the Landscape and Drainage Easement and northwest line of Lot 11, Block B, a distance of 20.22 feet to a point for corner; THENCE, North 69 degrees, 15 minutes, 45 seconds West, departing said southeast line of the Landscape and Drainage Easement and northwest line of Lot 11, Block B, a distance of 5.06 feet to the POINT OF BEGINNING. CONTAINING; 101 square feet or 0.002 acres of land, more or less. 2230-20 0497 / 5O /GO 2OO G.,.R~BHIC' SCALE' IN EEBT /" / ' ...... LOT 2, BLOCK A ST. JOSEPH VI/LE'/*,GE /.kt;,% ~ND,Y~.,MA.C PARTNERS, LTD:'~, .~// ',~, ,; ' Vbk..,93071. PG. 0~-¢'~-'~ - // .... [ '.,.L':~, '- - ...... ../ PROPOSED , .J STARLEAF DRIVE ~-'' / / LOT 5, BLOCK "A" ST. JOSEPH VILLAGE // / oo LOT 4, BLOCK A ~. JOSEPH SANDY /MAC PAR/~NERS, LTD, VOL. 95071 PO/ 0161 / EASEMENT / (0002 AC, 101 SF) ,'LOT 11, BLOCK B RIVER RIDGE ADDITION , VOL. 950.31, PO. 2123 29'13'04" 20.22' ~ 5.06' OF .- w 2022' ~5'~o~,~" w'~, DRIvEBRADFORD / EXHIBIT B 9401 LBJ FRFEWAY SUIZE 300 DALLAS TFXAS 75243 9?22353031 BJM JAK 1"=100' MAY 2002 2230 01148 SIDEWALK EASEMENT LOCATED IN THE CITY OF COPPELL, TEXAS AND BEING OUT OF THE DAVID MEYERS SURVEY, ABSTRACT NO. 886 DALLAS COUNTY, TEXAS FILE: 2230 01.148CVl DWC P 0 BOX 478 COPPEI.L. ~*x 7501g September 6, 2002 T H E C I T Y . 0 co?FEI L Melody L. Schottle, President Riverchase Owner's Association, Inc. % SBB Management 5728 LBJ Freeway, Suite 460 Dallas, TX 75240-6340 RE: Riverchase Sidewalk Project #SW 00-01 Dear Ms. Schottle: On September 5, 2002 the City of Coppell received easement documents from TXU indicating their willingness to allow the construction of the Riverchase sidewalk. Those easement documents have been signed by the City Manager and forwarded back to TXU for execution. The City of Coppell has set a bid date of October 8, 2002 and an award date by City Council of October 28, 2002 for the construction of the elevated sidewalk. This letter is written as a follow-up to your June 20, 2002 letter. We have incorporated all of your easement revisions into the new boilerplate for the dedication of the sidewalk easement to the City of Coppell. Attached to this letter is a copy of the easement language, which you suggested, along with exhibits A and B showing and describing the easement. Because this project is now moving ahead, any assistance you can provide in expeditiously executing the documents and returning them to the City would be greatly appreciated. If you should have any questions or no additional information please feel free to give me a call. Sincerely, e~n~neth ~. G4iffin, P.E. Director of Engineering/Public Works Office 972/304-3686 FAX 972/304-7041 Enclosures Jun-ZO-OZ 03:Z4pm From-EXXO' 'W TRADEMARKS 87Z-444-1/ T-S11 PO2/OT F-$53 Riverchase Owner's Association, Inc. cio SBB Management 5728 LBJ Freeway, Suite 460 Dallas, TX 75240-6340 June 20, 2002 VIA FACSIMILE: 972.304.704.1 Kenneth M. Griffin, P.E. The City of Coppe~l 255 Parkway P.O. Box 478 Coppeli, TX 75019 Re: Riverchase Sidewalk Project ~SW 00-01 Dear Mr. Griffin: Fur[her to your May 21,2002 letter in the above-referenced matter, and our subsequent telephone conversation, I enclose a revised grant of easement from Riverchase Owner's Association, Inc. to the City of Coppell in both red-line and non-redline format. Please indicate whether these revisions are acceptable to the City of Coppell, or in the alternative, whether there are additional poims that you would like to discuss concerning th~S project and the easement request. Cordially, Melody L. Schottle President R~verchase Owner's Association, Inc. 972.444.1418 (direct telephone) Enclosures