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WA0101-ES041118 4942641 11/18/04 WATER UTILITY EASEMENT 121 Water Line STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS THAT the term Grantor used herein shall be construed in the singular or plural number as such term respectively represents one or more than one person. THAT, FRWM~ INC., known herein as GRANTOR, in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by Grantor (the "easement strip") for the purpose of constructing and maintaining an underground water system on Grantor's main tract with the right and privilege at all times, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises (the "easement strip") for the purpose of making additions to, improvements on and repairs to said water system or any part thereof. Said easement strip being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out, Grantee will remove from the easement strip, such fences, buildings and other obstructions as may be found upon said property. After construction of the underground water system has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the easement strip to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the easement strip for purposes which will not interfere with GRANTEE'S rights hereby granted and agree 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. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this ' ~ day of ,2004. 2 12 .32 STATE OF TEXAS § COUNTY OF DALLAS § a This instrument was acknowledged before me on the / T~- day of ~,,~c//'~ ,2004, by ...~,,4,~4 ~5 /~. ~ ~/~ ~ , /~5 , co~oration, on behalf of said co~oration. Notaw Public. StBte of Texa,~ My Commission Expires NOT~~LIC, State of Texas My Comxnission Expires: (Type / Print Name of Nota/~) EXHIBIT A 06/22/04 FIELD NOTE DESCRIPTION FOR PERMANENT WATERLINE EASEMENT ACROSS 1'HE PROPERTY OF FRWM, INC. (VOLUME 97122, PAGE 5267, TRACT 1, LAND RECORDS OF DENTON COUNTY) BEING a strip of land for a permanent waterline easement more or less twenty (20) feet in width and being over, under and across a tract of land located in the Clarinda Squires Survey, Abstract No. 1682, Denton County, Texas, conveyed to FRWM, Inc. by a deed now of record in Volume 97122, Page 5267, Tract 1, of the Land Records of Denton County, Texas, said strip of land being more particularly described as follows: BEGINNING at a point found in the common east property line of said FRWM tract and west property line of a tract of land conveyed to Beal Mortgage, Inc. by a deed now of record in File No. 95-0030664 of the Land Records of Denton County, Texas, said point also being in the north right-of-way line of S.H. 121 (a variable width right-of-way), said point also being N 62°12'12'' W, a distance of 1.15 feet from an iron rod found; THENCE, N 64o10'37" W, along said S.H. 121 north right-of-way line, a distance of 25.97 feet to a point for THENCE N 25°49'21'' E, leaving said north right-of-way line of S.H. 121, a distance of 8.56 feet to a point for a comer; THENCE N 01 °05'00" E, being at all times a 20-foot perpendicular distance from and parallel to the east line of said FRWM tract, a distance of 503.77 feet to a point for a comer; THENCE N 3 l°49'39'' E, a distance of 39.12 feet to a point for a comer, said point also being in the common east property line of said FRWM tract, and west property line of a ~act of land platted as Block A, Lot 45X, Phase Two Addition by Coppell Greens, by a plat now of record in Cabinet R, Pages 104 & 105 of the Land Records of Denton County, Texas; THENCE, S 01 °05'00" W, along said FRWM tract east line, also being said Coppell Greens Phase Two tract west line and said Beal tract west line, a cumulative distance of 556.04 feet to the POINT OF BEGINNING, said twenty (20) foot wide permanent water line easement containing 0.246 acres (10,709.38 square feet), more or less.