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ST9902-ES050420 - - SOWELL&CO Suite 300, Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 TEL: (214) 871-3320 FAX: (214) 871-1620 website: www.sowelko.com KATHY Fox POWELL Vice President and Legal Counsel Extension 133 e-mail: kp@sowellco.com April 20, 2005 Suzan Taylor The City of Coppell P.O. Box 9478 Coppell, Texas 75019 Via Hand Deliverv Re: Sandy Lake RoadlST 99-02A Right-of-Way/Temporary Slope Easement Dear Suzan: Enclosed herewith please find a fully executed original counterpart of the following documents in connection with the above: 1) City of Coppell Permanent Right of Way 2) Temporary Slope Easement I understand that you do not intend to record the Temporary Slope Easement. Please furnish me a copy of the Permanent Right Of Way easement document once it is recorded and returned to you. Thanks for your assistance. ell CP Partners, L.P. KFP/amb Encl. K:\V ACC\Taylor-S-CityofCoppell-Ltr-2 -- ST 99-02 A Sandy Lake Road TEMPORARY SLOPE EASEMENT STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS 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, JSCP PARTNERS, LP, herein after referred to as GRANTOR, in consideration of the sum ofTen and no/IOO 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 for the purpose of a slope easement for grading, sloping or filling along, upon and across said property to provide a more subtle grade change transition, from GRANTORS main tract to the reconstructed Sandy Lake/Coppell Roads with the right and privilege at all times until termination hereof, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of grading, sloping or filling along, upon and across said slope easement or any part thereof. Said slope easement being described in Exhibits "A" and "B" attached hereto ("the Easement Area") and made a part hereof for all purposes. After construction of the reconstructed Sandy Lake/Coppell Roads adjacent to the Easement Area has been completed, this easement shall terminate and GRANTEE shall, except for removed obstructions, return the surface area of the slope 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 slope easement strip for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that, GRANTEE shall not be obligated for maintenance and upkeep of the slope easement strip after this easement is terminated. (Reneinder of this p:lge left blank intentionally) TEMPORARY SLOPE EASEMENT - Page 1 of2 ~\~~~ C~ F~ at Cou,:/yJ ,~~. ..... TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. ,., " nJr EXECUTED this l/" day of fit< ( ,2005. JSCP PARTNERS, L.P., a Texas limited partnership By: Jam::E. S~Y' its gen~l partner Name:~ Uravn Title: Executive Vice President STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ Stephen L. Bravn urttt. day of ~ Executive Vice President This instrument was acknowledged before me on the 2005, by of James E. Sowell Company, a corporation, on behalf of said corporation in its capacity as general partner of JSCP Partners, L.P., a Texas limited partnership. ~"'~~~~"'~ $.f:;'-';'~.. ..!~"" l~r. .f~~ :;d'!-. ..~~ "'~';OF'\'~"'''~ II,,,,,..,," ALICIA M. BAUGH Notary Public. State of Texas My Commission Expires November 10, 2005 My Commission Expires: Type / Print Name of Notary TEMPORARY SLOPE EASEMENT - Page 2 of2 EXHIBIT "A" FIELD NOTES Temporary Slope Easement Being a 0.176 acre tract of land situated in the Thomas L. Holland Survey, Abstract No. 624, Dallas County, Texas, and being a part of the tract of land conveyed to Jim Sowell Construction Company as described in the deed recorded in Volume 91252, Page 6746, of the Deed Records of Dallas County, Texas. Said 0.176 acre tract of land being more particularly described by metes and bounds as follows: Commencing at a capped 1/2 inch iron rod found on the north right of way line of Sandy Lake Road (a variable width right of way), same being the southeast corner of said Jim Sowell Construction Company tract; Thence along the north right of way line of said Sandy Lake Road, same being on the south line of said Jim Sowell Construction Company tract, the following courses and distances: North 49012'58" West, a distance of 78.53 feet to the Place of Beginning; North 49012'58" West, a distance of 41.05 feet to the southwest corner of said Jim Sowell Construction Company tract, same being at the intersection of said north right of way line of Sandy Lake Road and the east right of way line of Coppell Road (a variable width right of way); Thence North 00032'26" West, departing said north right of way line, along the east right of way line of said Coppell Road, same being on the west line of said Jim Sowell Construction Company tract, a distance of 251.18 feet to the northwest corner of said Jim Sowell Construction Company tract; Thence departing said east right of way line, along the south right of way line of an alley (generally 15 feet wide) of Village at Cotton Creek, Section V, as shown on plat recorded in Volume 97061, Page 3057, of the Plat Records of Dallas County, Texas, and same being on the north line of said Jim Sowell Construction Company tract, the following courses and distances: North 89027'34" East, a distance of 20.00 feet to a point for corner; South 54031 '42" East, a distance of 1.52 feet to a point for corner from which a 1/2 inch iron rod found for the most northerly northeast corner of said Jim Sowell Construction Company tract, bears South 54031 '42" East, 226.18 feet; Thence departing the south right of way line of said 15 feet alley, over and across said Jim Sowell Construction Company tract, the following courses and distances: South 05024'47" East, a distance of 158.01 feet to a point for corner; South 00000'00" East, a distance of 20.00 feet to a point for corner; South 09057'52" West, a distance of 78.55 feet to a point for corner; South 49012'58" East, a distance of 62.25 feet to the beginning of a non-tangent curve to the left having a radius of 608.00 feet, a central angle of 03048'56", a chord bearing of North 63031 '04" West, with a chord distance of 40.48 feet; L:\PROJ-R 14 \CpI00243\survey\ROW-ESMT\temp-esmC 08 ,doc 8/13/2004 Page 1 of 3 EXHIBIT "A" - Page 1 of2 EXHIBIT 'A' Along said non-tangent curve, an arc length of 40.49 feet to the Place of Beginning, and containing 0.176 acre of land, more or less. Prepared from a survey performed in the month of April, 2004. I-~ ~ ~ } / DATE: 08/13/2004 / p ~PHEN H.~BERSON, R.P.L.S. 4090 Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83), See Sheet 3 of 3 for sketch L:\PROJ-R 14 \CpI00243\survey\ROW-ESMT\temp-esmt_ 08 .doc 8/13/2004 Page 2 of 3 EXHIBIT "Au - Page 2 of2 E HIBIt B .3 EXHIBIT 'B' o 25 50 100 I I I I SCALE: 1" = 50' INC. S\JR\1E~ E. flOl1..1\N NO. 614 : J. 1\BS1'R1\C1' z<D o~ t=N <( f- . Vlt:> a.. ~ - VlCO v -'0 -'0 ~m a.. . 0-' uO > ~~[M[D))1 [L~~~ ~@~[Q) SUR\1E~ J MOORE NO. 968 1\13 S1'R1\ C1' OAKBEND ADDITION VOL. 91059. PG. 1427 o 0.176 ACRE TEMPORARY SLOPE EASEMENT (Qj ~ @ (QS VILLAGE AT COTTON CREEK SECTION V VOL. 97061 PG. 3057 6 d ='.I I!illl @b @, @ ~ @) N4 .12'5S.W 41.05' VILLAGE AT COTTON CREEK SECTION V VOL, 97061 PG. 3057 10 @~ "x" CUT ON %<6; ? TOP OF WALL ~ rOUND ~~ ~~ ~ ~@ 4/<6; 1/2"CIRF PLACE OF COMMENCING NOTES: 1. Bearings are based on the Texas State Plane Coordinate System. North Central Zone (NAD83). Situated in the THOMAS L. HOLLAND SURVEY ABSTRACT NO. 624 CllY OF COPPELL DALLAS COUNTY, TEXAS August Dote: 2004 EXHIBIT "B" - Page 1 of 1 2. Integral parts of this survey: a. Legal Description b. Sketch THE WOODLANDS OF COPPELL VOL. 95200. PG. 2733 20 BLOCK A TEAGUE NALL AND PERKINS C 0 << . U ~ r r << . . << . r << . . . . 1100 Macon Street Fort Worth, TeKO!t 76102 (817) JJ6-577J SHEET 3 OF 3 JOB NO. CPL 00243 ^ '3 ~'"