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RC Townhomes-CS040920TXU September 20, 2004 TXU Electric Delivew Company Right of Way Department P.O. Box 970 115 W. 7th Street Suite 211 Fort Worth, TX 76101 Coppell Townhomes, LLC 410 Spinnaker Drive Allen, TX 75013 Re: Sheet Flow Drainage, D# L-9.6, Vol. 4594, Pg. 302, E-138266, Vol. 657, Pg. 106,/Vol. 85077, Pg. 3300, & E-107398, Pg. 3887, Pg. 110/Vol. 76107, Pg. 301, D.R.D.C T., Liggett-Collin and NW Carrolton-Hackberry Right of Way, Coppell, Dallas County, Texas Dear Sir: Pursuant to your request, Coppell Townhomes, LLC, is hereby granted permission to release sheet flow drainage across the above referenced TXU Electric Delivery Company (TXU) right of way from the proposed Riverchase Townhouse Addition, Coppell, Dallas County, Texas, as indicated on the attached plat, subject to the following terms and conditions: No concentrated drainage to the extent of creating erosion or pooling of water will be permitted on the TXU right of way. No drainage facilities, including but not limited to, flumes, channels, headwalls and rip rap may be placed on the right of way. Should erosion occur as a result of the drainage facility, then Coppell Townhomes, LLC, its successors or assigns will correct and repair the drainage to prevent such erosion and replace any vegetation that may have been damaged from the erosion and/or repairs, at the sole cost and expense to Coppell Townhomes, LLC, its successors or assigns. You are notified, and should advise your employees, representatives, agents, and contractors who may enter upon the right of way, that they will be working in the vicinity of high voltage electrical facilities and should take proper precautions, including complying at all times with Chapter 752, V.T.C.A., Health and Safety Code. Further, Coppell Townhomes, LLC, shall indemnify and hold harmless TXU and its representatives, and shall be responsible for any personal injury and/or property damage occurring as a result of entering upon the right of way, at the sole cost and expense to Coppell Townhomes, LLC. If the foregoing terms and conditions are acceptable to Coppell Townhomes, LLC, then please sign below and returned to my attention at 115 West 7th Street, Fort Worth, Texas, 76102 . This letter agreement shall be effective only after it is signed by Coppell Townhomes, LLC, and received by TXU within 30 days of the date of this letter. Sincerely, Dennis L. Patton Sr. Right of Way Agent ACCEPTED: Coppell Townhomes, LLC Printed Name Title Attachment ~,,g L,9~.O 3NYU N;~ nj. 7 m m m .4'- '/~lS] '~)N~(] ,0~