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Fountain Pk P2/FP-CS 980427 KADLECK & 5336 ALPHA RD., SUITE 5 ASSOCIATES t~ALLAS, ~ ?5240 972-702-0771 April 27, 1998 Mr. Mike Martin Engineering Department 255 Parkway Blvd. Coppell, Texas 75019 Re: Right of Way Use Agreement. Fountain Park Phase Two, Coppell, Texas Project 98003 Dear Mike: On behalf of the property owner, Matthew's Southwest, please accept this letter as a request for the grant of a Right of Way Use Agreement for the property described on the attached legal description_ As you are aware, there are numerous trees located along the west right of way line of Cascade Way and the ground slopes from the trees to the existing back of curb on the street. In order to place a sidewalk along Cascade Way~ it will necessary to cut into the slope and, without a retaining wall, it would be necessary to regrade the ground and move the slope to the west, thereby, having to remove all the trees along the right of way line. With the use ora retaining wall, within the right of way close to the sidewalk, we will be able to leave the existing slope in place and not disturbed the trees. It is understood that the Right of Way Use Agreement will be granted to the homeowner's association to be established and the maintenance responsibility of the wall will rest with the association, not the City. It is further understood that the document will be drafted by the city attorney. Once the document is prepared, Matthews Southwest will be able to review and comment on the document. I trust this is all that is needed to start this process. If not, or if you have any questions~ please contact me. Sincerely, L. ?y~n~Ka~dleck Copy: Mr. Tim House, Matthews Southwest LEGAL DESCRIPTION RIGHT OF WAY USE AGREEMENT - FOR RETAINING WALL WITHIN THE RIGHT OF WAY OF CASCADE WAY BEING situated in the Patience Piles Survey, Abstract No. 1!37, City of Coppell, Dallas County, Texas, and being the west 11.0 feet of the 60 foot right of way of Cascade Way (a 60 foot right of way) as dedicated by the map of Fountain Park Addition, an addition to the City of Coppel~, Texas according to the map thereof recorded in Volume 93168, Page 2582, Deed Records of Dallas County, Texas, being more particularly described as follows: BEGINNING at a found % inch iron rod for a corner at the intersection of the west line of Cascade Way with the south line of Fountain Drive (a 50 foot right of way); THENCE, N 00°56'33'' E, with the west line of Cascade Way, a distance of southwest corner 424.52 feet to a found % inch iron rod for a corner at the intersection of the west line of Cascade Way with the north line of Fountain Head Lane (a 50 foot right of way); THENCE, S 80J'08'03'' E, with the north line of Fountain Head Lane, a distance of 11.0 feet to a point for a corner; THENCE, S 00056'33'' W, parallel with and 11.0 feet east of the west line of Cascade Way, a distance of 424.50 feet to a point for a corner in the south line of Fountain Drive; THENCE, N 89°15'30" W, with the south line of Fountain Drive, a distance of 11.00 feet to the Point of Beginning and Containing 4,670 square feet or O. 1072 acre of land, more or less. ~ Waterside Estates, Phase One I ! ~,'ol. 86056, Pg.4g2. D.R.D.C.T. I Lot 27 I tot 26 Lot 25 Lot 24 Lot 23 ~ I B~ock IC o LOT 1 N 89'05'27" W w ~'~ ~UILDIHG LINE~ LOT 2 ,~,,, = · FOUNTAI HEAD LANE 50' POW ~ ~ L*t 5 Lot 6 O Zo,,~d- SF.-~ ~ ~" O Mead°'''s' $ecti°n lw°lr ~ "~ "; ~ 'at 'Z°ned: PD-SF-7 2998, O.R O C.r ~ 232.04' ~ LOT 5 m Z 231.31' L~ 'd'~ t. ot 2 Lot c~ LOT 6 ~ .. Lot '5 ~ Lot 1 Lot x ~ LOT 7 , ,.. FOUNTAIN D~IVE / .__ ~ LOT 8 0 Lct? I Lot 6 I '- lJlock A I_o~ ~7 25' BUILDING LINE ~BU'LDING LiNE 89'15'50" E ~5' ur,[Jr~' & { ANDSCAFE/?OE~i),LK EASEMENT (See t-13te) .· ' SANDY LAKE ROAD .... 60 ' 20 LEGAL DESCRIPTION RIGHT OF WAY USE AGREEMENT - FOR RETAINING WALL WITHIN THE RIGHT OF WAY OF CASCADE WAY BEING situated in the Patience Piles Survey, Abstract No. 1137, City of Coppell, Dallas County, Texas, and being the west 11.0 feet of the 60 foot right of way of Cascade Way (a 60 foot right of way) as dedicated by the map of Fountain Park Addition, an addition to the City of Coppell, Texas according to the map thereof recorded in Volume 93168, Page 2582, Deed Records of Dallas County, Texas, being more particularly described as follows: BEGINNING at a found ~,,~ inch iron rod for a corner at the intersection of the west line of Cascade Way with the south line of Fountain Drive (a 50 foot right of way); THENCE, N 00°56'33'' E, with the west line of Cascade Way, a distance of southwest corner 424.52 feet to a found ~ inch iron rod for a corner at the intersection of the west line of Cascade Way with the north line of Fountain Head Lane (a 50 foot right of way); THENCE, S 89~08'03'' E, with the north line of Fountain Head Lane, a distance of 11.0 feet to a point for a corner; THENCE, S 00°56'33'' W, parallel with and 11.0 feet east of the west line of Cascade Way, a distance of 424.50 feet to a point for a corner in the south line of Fountain Drive; THENCE, N 89°15'30" W, with the south line of Fountain Drive, a distance of 11.00 feet to the Point of Beginning and Containing 4,670 square feet or 0.1072 acre of land, more or less. I Waterside Estates, Phase One / Vol. 86036, Pg.402, O.R.0.C.T. [--- / Lot 27 I Lo~ 26 Lot 25 Lot 2t Lo~ 23 J / I I Zoned: S~--g I o LOT 1 N 69'0~'27" W ....... ~ 25'~ BUL. Pff~G LINEr I 2 FOUNTAIN HEAD LANE I Lot 1~ ~ 50' ROW I Let 12 ~ LOT 3 ~ ~ I Lct 5 Let 6 O Zoned: SF--g (4 i~ Lo~ a Lot 7 , , ~ B{ock The Meadows, SecUon Two ~ ~ ~ ~ : vol ~4o~. pg 2ggB. D.R,OC.L ~ 2S2.04' ~ Zoned: PD-5F-7 I Foun~oin Uo,k Addition ~ I vol. 93i68. Pg 2582, D.RD.C.L Z 231.31' LP ~d{~ Lot 2 Lot 9 Lot !5 ~ ' I Lot I Lot 10 , ~./07Z . ~ LOt 7 FOUNTAIN DRIVE Lo~ '6 -- 179.86' _ ~ LOT 8 ~ Lot 7 I Lot 6 I ~'~ 5 4 ~lock Lot ~7 25' BUILDING LINE ~ S 89'15'30" E ~5' L~PLITf & [ ,%NDSCAPE/SIDEWALK EASLME'IT (See ]3~.92',/~"s,.--- N 89'15'30" W 228.76' SANDY LAKE ROAD I I I I I '3 30 50 ' 20