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WA0101-ES050816WATER UTILITY EASEMENT SH 121 Water Line STATE OF TEXAS § COUNTY OF DALLAS § ~14-72801 5380502 $15.00 Oeed 08116/05 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, JAMES H. & DAVID IC CUMMINGS, 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 heroin, 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 thereo£ 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, tatum 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 ~-~ ,~,73/~ '// , 2005. 5 9 07t 19 STATE OF TEXAS § COUNTY OF ~nALLAS"'"- § This instrument was acknowledged befor~ ~ on the day of My Commission Expires: (Type / Print Name of Notary) STATE OF TEXAS § COUNTY O~ § This instmment was ~(2~L.~ ,2005by My Con:unission Expires: ac~owledged before me on ~e ( [ NOT~Y P~L~St~e of ~s day of (Type / Print Name of Notary) ~o~,~1 5 9 0 7 I 2 0 03/18/05 FIELD NOTE DESCRIPTION FOR PERMANENT WATERLINE EASEMENT ACROSS THE PROPERTY OF JAMES H. & DAVID K. CUMMINGS (FILE NO. 04-127290, TRACT 1, LAND RECORDS OF DENTON COUNTY) BEING a strip of land for a permanent waterline easement being over, under and across a tract of land located in the Clarinda Squires Survey, Abstract No. 1682, Denton County, Texas, conveyed to James H. & David K. Cummings by a deed now of record in File No. 04-127290, 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 south property line of said Cummings tract and the north fight- of-way line of S.H. 121 (a variable width right-of-way), said point also being S 62°05'21" E, a distance of 25.95 feet from an iron rod found; TltENCE, N 64°10'37" W, along said S.H. 121 north right-of-way line, a distance of 9.17 feet to a point for a comer; THENCE N 25°49'21'' E, leaving said north right-of-way line of S.H. 121, a distance of 28.26 feet to a point for a comer, said comer being in the west line of a permanent waterline easement convey to the City of Coppell by deed now of record in File No. 04-22412432 of the Land Records of Denton County, Texas; TttENCE, S 01005'00'' W, following the west line of said Coppell waterline easement, a distance of 21.73 feet to a point for a comer; THENCE, S 25°49'21" W, following the west line of said Coppell waterline easement, a distance of 8.56 feet to the POINT OF BEGINNING, said permanent water line easement containing 0.004 acres (168.88 square feet), more or less. ¢0 -159 07121 }1 project s',coppell/200210T,cstnt ~olat s\plat documems~curml~Jngs pem~ doc d --- 'a~ qOlA~qS '8'M J.~, XVMHOIH ]]IVIS FILED AND: :~: ."]'-:? ~'? 2005 AUG 16 PH 2:25 255 PARKWAY BLVD P 0 BOX 478 ~PPELL TX 750]9