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ST9301-ES030506STATE OF TEXAS § COUNTY OF DALLAS § DRAINAGE EASEMENT 3879938 05106103 KNOW ALL MEN BY THESE PRESENTS THAT the term Grantor used herein shall be construed in the singular or plural number as such term respectiv~el.y represents one or more than one person. THAT The ~ Bu'i~ders 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 "Drainage Easement") for the purpose of constructing and maintaining an underground drainage system across Grantor's main tract with the right and privilege at ail times, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said Drainage Easement for the purpose of making additions to, improvements on and repairs to said drainage system or any part thereof. Said Drainage Easement 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 Drainage Easement, such fences, buildings and other obstructions as may be found upon said property. After construction of the underground drainage system has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the Drainage Easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTOR reserves the right to use and maintain the surface of the Drainage Easement 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 I '~ day of ~ ~7 ~,/.... ,2003. '~' /jo[m,~SB il.~//~/inc The ~~f 1_ . GRANTOR STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 17th day Holmes, of The Holmes Builders, Inc., on behalf of said corporation. of April 2003, by Terry · Z~D:~087 09~03 EXHIBIT "A" County: Dallas Account No.: CS J: Highway No.: Sandy Iake Rnad Parcel: 9.DE Grantor: ThP. H~lm~..~ Builders: Inc_ Page 1 of 2 March 12, 2002 Legal Land Description for Parcel 9D_E BEING 435 square feet of land situated in the David Meyers Survey, Abstract No. 886 in the City of Coppell, Dallas County, Texas, and being part of a called 0.508 acre tract of land described in a deed to The Holmes Builders Inc. being executed on December 28, 2000 as recorded in Volume 2001004, Page 2220 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: Commencing at the east comer of said Holmes Builders tract and an intedor comer of a tract of land described in a deed to The Holmes Builders, Inc. as recorded in Volume 2000135, Page 3104 of said Deed Records; Thence, South 37 degrees 50 minutes 15 seconds West, along the common line of said Holmes tracts, a distance of 176.47 feet to a one-half inch steel rebar with yellow plastic cap' marked "AB&A", set on the proposed northeast right of way line of Sandy Lake Road, for the POINT OF BEGINNING, said steel rebar being located at a distance of 55.00 feet left from centerline station 35+43.84 as shown on Dallas County's 1991 Bond Program Right of Way plans on file at the Dallas County Public Works Department; THENCE, North 53 degrees 32 minutes 37 seconds West, along the proposed northeast dght of way line of Sandy Lake Road, a distance of 9.14 feet to a one-half inch steel rebar with yellow plastic cap marked "AZB", set for the west corner of the proposed drainage easement; 2. THENCE, North 36 degrees 30 minutes 54 seconds East, along the northwest line of the proposed drainage easement, a distance of 45.01 feet to a one-half inch steel rebar with yellow plastic cap marked "AZB", set on the proposed slope easement; 3, THENCE, South 53 degrees 28 minutes 48 seconds East, along the proposed slope easement, a distance of 10.18 feet to a one-half inch steel rebar with yellow plastic cap marked "AB&A", set on the said common line of the Holmes tracts; 2 D30 8 7 09404 County: Dallas Account No.: CS J: Highway No.: ~ Parcel: 9_DE Grantor: The Hr~lme.~ Builders; EXHIBIT "A" Page 2 of 2 March 12, 2002 4. THENCE, South 37 degrees 50 minutes 15 seconds West, along said common line, a distance of 45.01 feet to the POINT OF BEGINNING and containing 435 square feet or 0.0100 acres of land, more or less A plat of even survey date herewith accompanies this legal description. All bearings are on the NAD 83 Texas State Plane Coordinate System, North Central Zone. John F. Pierce, R.P.L.S. Registered Professional Land Surveyor Texas No. 2011 zo ]O 87 09 05 AIN~O3 $¥llVO LS:2Wd 9-XV~ MAP CHECK TRAVERSE/CLOSURE AND AREA Tract name : 9DE Origin : Northing / Easting : 20,000.000 50,000.000 Course 1 : Northwest Azimuth/Distance Delta North/Delta East Northing / Easting : N 53' 32' 37.0" W : 5.431 : 20,005.431 9.140' -7.351 49,992.649 Course 2 : Northeast Azimuth/Distance Delta North/Delta East Northing / Easting : N 36' 30' 54.0" E : 36.175 : 20,041.606 45.010' 26.782 50,019.431 Course 3 : Southeast Azimuth/Distance Delta North/Delta East Northing / Easting : S 53' 28' 48.0" E : -6.058 : 20,035.548 10.180' 8.181 50,027.612 Course 4 : Southwest Azimuth/Distance : S 37' 50' 15.0" W Delta North/Delta East : -35.547 Northing / Easting : 20,000.001 45.010' -27.610 50,000.002 TOTAL LENGTH OF TRAVERSE = 109.34 CLOSURE : S 70' 25' 9.2" W , Ratio : 1 in 51,814 Parcel Area 434.77 SQ. FT. Parcel Area 0.0100 ACRES FEET 0.002'