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ST0102-ES090512 1I111I1111111111111111111111111111111111111111111111111IIIIIIIIIIIIIIIjAsEMENT 200900135092 5 PGS UTILITY EASEMENT STATE OF TEXAS I I COUNTY OF DALLAS f KNOW ALL MEN BY THESE PRESENTS THAT the term Grantor used herein shall be construed in the singular or plural number as sucb tenD respedively represents ODe or more than one person. THAT, ARC Communities 1 LLC , known herein as GRANTOR, in consideration of the sum of Ten and No/lOO Dollars ($10.00) and other good and valuable consideration in band paid by the City of Coppell, Texas, receipt of which is hereby acknowledged, does by these presents ~ bargain, sell and convey unto the City of CoppeD, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the foUowing described property owned by GRANTOR (the "Utility Easement") for the purpose of constrUcting utility improv~ 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 Utility Easement for the pmpose of making additions to. improvements on and repairs to said utility improvements or any part thereof. Said Utility 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 Utility Easement, such fences, buildings and other obstructions as may be found upon said property. After construCtion of the utility improvements has been completed, GRANTEE shall. except. for removed obstnJCtions, return the surface area of the Utility Easement to its original condition as nearly as practical taking imo consideration the natum of the work being performed. GRANTOR reserve the right to use and maintain the surface of the Utility Easement for purposes which will not interfere with ORANTEE I S righ13 hereby granted and agree that upon completion of the utility improvementS 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, Tems, its succ::essors or assigns for tbe purposes aforesaid. the premises above descnbed. ~/41 EXECUTED this day of ~ ~ u7!i- . 2008_ /i o.Ji fIL, ~ GRANTOR This instrument was ackmwledged before me on thf /liP If t 2008, by 5/cJlc-~;J IN of , corporation, on behalf of said corporation. STATEOFTEXAS t t COUNTY OF DALLAS I lfL!! fi-L L t;-~ day of a My Commission Expires: q__/()r dDlt e --. STEVEN W. ALLEN Notary Public STATE OF TEXAS My Comm. Exp. Sap. 10,2011 ~ IN t2L- Notary Public, State of Texas -S 1 f.-1/ E rJ' !JJ fJ L L 2,J Type I Print Name of Notary D EXHIBIT A 968 SQ.FT. / 0.0222 ACRE TRACT UTILITY EASEMENT S/TUA TED IN THE JOHN VEST SURVE:Y, ABSTRACT 1508 CI TY OF COPPcLL, DALLAS COUNTY, TEXAS DESCRIPTION BEING that certain tract of land situated in the John Vest Survey. Abstract Number 1e08 In the City of Coppel I, 001108 County. T'~Q' and bein; a portion of that certain tract of land conveyed to ARC Communities 1 llC accord!n; to the deed recorded In Volume 200210;, Page 8897 of the Oeed Records of Dallal County, Texas, subject tract being more particularly described aa tollows: BEGINNING at a 1 Inch aMle found tor the .outhw..t corner of said ARC Communities 1 LLC Tract in the north right-of-way line of Ruby Road (variable width ri9ht-of-way) .ald axle also beln9 on the ealt line of that certain tract of land conveyed to the City of Cappel I according to the deed recorded in Volume 2000242. Pa;e 6802 of the Deed Records ot Dollas County, Texas, from whence 0 1/2 Inch iron rod with NOM cap found for the southeast corner of laid City of Cappel I Tract bears S OO'35'31~ E, a distance of 19.84 feet; THENCE North OO'3S'31~ W.at, with the common line between said ARC Communities 1 llC Tract and said City of Coppell Tract. 0 distance of 10.32 feet to a point from whenc. the northeaat corner of said City of Coppel I Tract bears N 00"35'31. w. 1158.33 feet; THENCE North 89"26'18- East. leavIng .aid common line. a dl.tance of 93.80 feet: THENCE South 00.35'31. East. a distance of 10.32 feet to the north right-of-way line of said Ruby Rood; THENCE South 89"26'18. Wett, wIth the north right-of-way line of said Ruby Road. a dJ,tance of g3.80 feet to the POINT OF BEGINNING and containing 0.0222 acres (or gee square feet) of land. more or le'8. NOTE: Bearings for this survey are ba.ed on the Western Data Systeme Te~a8 Coop.ratlve Network (www.txrtk.com) and are referenced to NAD83 (CORS96) Stat. Plane Coordinate Syetem, Texas North Central Zone 4202. INC. Surveyor NATHAN D. MAIER CONSULnNC ENGINEERS, INC. Two Northpartc I 8080 Por1< Lone / Suite 600 Dallas. TelCas 75231 I Ph. (214) 739-4741 DATE; SEPTI:t.4BER 29, 2008 7020ES02.dwg NOM JOB: 07-02-020 EXHIBIT B 968 SQ.FT. / 0.0222 ACRE TRACT UTILITY EASEMENT SITUA TED IN THE JOHN VEST SURVEY, ABSTRACT 1508 CITY OF COPPELL, DALLAS COUNTY, TEXAS t/Z- IRF' AT 8ASI' " ~ 1'f!1ICe ~ ~ I ~ - . SCALE: 7. - SO' i ~ CITY OF COPPELl. VOLUMe 2000242. PAGE 6802, D.R-D.C. T. ARC COMMUNITIES 1 LLC VOLUMe 2002109, PAG~ 6697, D.R.D.C.T. S OO'3S'.1,. E ,0..J2' 9.l!O' s CO'''''",- ~ J',~' RIB( IIQ4D (VA"'ABtE 11IO>>1 Ift(JHt -OF-WIt y) LOT 3R. BLOCK A REPLA r OIJ/(E-F'REEPORT A{)()IT1ON LOTS 3R. 3R-xt. 3R-X2, BLOCK A VOLUME 200.J046. PAtJE 33. D.R.D.C. T. o NATHAN D. MAIER CONSULTING ENGINEERS. INC. Two Northporlc I e080 Park Lane I Suite 600 Dalla., Texa, 75231 / Ph. (214) 739-~741 DATE: SEPTE~BER 29, 2008 .7020ES02.dwg NOM JOB: 07-02-020 FILED AND RECORDED OFFICIAL PUBLIC RECORDS ~~ John F. Warren, County Clerk Dallas County TEXAS May 12, 2009 03:36:49 PM FEE: $28.00 200900135092