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Old Coppell/FP-ES 991015DRI~VEWAY EA~EM ENT This DRIVEWAY EASEMENT is made this 15th day of October, 1999, by'and between the Homeowners' Association of Old Coppell Estates, Inc. ("Grantor'~ and .lason Walker and Tamra Walker, husband and wife (collectively "Grantee'S. RECITALS A. Grantor is the homeowners' association of Old Coppell Estates, an addition to the City of Coppell, as shown on that certain Map or Plat thereof recorded in Volume 96020, Page 2043, Map Records of Dallas County, Texas. B. Grantee is the owner of Lot 1, Block i of Old Coppell Estates as shown on Map or Plat thereof recorded in Volume 96020, Page 2043, Map Records of Dallas County, Texas (the "Grantee's Property'S. C. Grantor desires to grant to Grantee an easement for purposes of constructing, maintaining and using a driveway, and all rights incident and necessary thereto, over, across and through that portion of Grantors property described and depicted on Exhibit A attached hereto. NOW, THEREFORE, in consideration of the benefits to be derived herefrom and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties do hereby agree as follows: 1. Grantor hereby grants to Grantee an easement for constructing, maintaining and using a driveway, together with all rights incident and necessary thereto, over, across and through that portion of Grantors property described and depicted on Exhibit A attached hereto by metes and bounds description (the "Easement Area"). 2. The easement shall be an exclusive easement for the benefit of Grantee, their successors and assigns, together with the current and future users of Grantee's property. 3. Grantee, by its acceptance hereof, agrees to indemnify and hold Grantor harmless from any and all liability, damage, cost or expense, whatsoever, or in any way related to, the use of the Easement Area by Grantor, or any current or future user of Grantee's property or the Easement Area, including, without limitation, damage to any trees or other landscaping adjacent to the Easement Area. Grantee shall keep the Easement Area properly insured and upon request of Grantor shall provide Grantor written evidence of such insurance. G: \HOYL\FORHS~DR~EWAY EASEMENT. doc 4. Grantor reserves the right, at the sole cost and expense of Grantee, to remove any improvements, including any portion of Grantee's driveway located on the Easement Area, to the extent reasonably necessary, to allow Grantor to repair any utilities relating to or benefiting Grantor's Property under or adjacent to the Easement Area. 5. The easement shall run with the land and shall remain in full force and effect for the benefit of Grantee, their heirs, successors and assigns. 6. Grantee shall be solely responsible for the construction and maintenance of the Easement Area and all improvements thereon. IN WITNESS WHEREOF, the parties hereto have executed this document as of the day and year first above written. ~ GRANTOR: HOMEOWNERS' ASSOCIATION OF OLD COPPELL ESTATES, INC. Secretary STATE OF TEXAS § COUNTY OF DALLAS § On this 15~ day of October, 1999, Ron .1. Hoyl, Secretary of Homeowners' Association of Old Coppell Estates, Inc., appeared before me and acknowledged that he/she executed the foregoing instrument on behalf of said corporation. My Commission Expires: G:\HOYL\FORMS~DR.[VEWAY EA.SEMENT. d~ Notary Public in and for the State of Texas Shavonne B~nd Printed Name EXHZBTr A HEARTHSTONE LANE (50' R.O.W.) AREA DE~CP~PHON Being a porbbn of Lot C-i, Block I of Old Coppell Estates as recorded in the Map or Plat thereof recorded in Volume 96020, Page 2043, Map Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a point in the V/est//ne of Hearthstone Lane, same point being North 00 degrees 49 minutes 02 seconds V/est, a distance of 35.69 feet from the Southeast corner of Lot C-l, Block ! of said Addition and same point being 0.25 hundredths South of and parallel with the 'edge of concrete; THENCE South 89 degrees 3i minutes 3i seconds V/e~ 0.25 hundredths South of and parallel w/th said edge of concrete, a d/stance of 2.36 feet to the beginning ora tangent curve to the lef~ w/th a radius of 10.00 feet; THENCE/n a Southwesterly direction, along the said curve to the le~ and conb'nu/ng along 0.25 hundredths Southeast of and parallel of said edge of concrete, through a central angle of 4S degrees 4~ minutes ~6 seconds, on an arc length of 7. 78 feet to a point for corner; THENCE South 43 degrees 49 minutes 35 seconds V/est, conb'nuing along 0.25 hundredths Southeast of and parallel with said edge of concrete, a distance of 27.9! feet to a point, same point being the beginning of a tangent curve to the right with a radius of 20. 9~ feet; THENCE/n a Southwesterly direct/on, along said curve to the right, and conb'nuing along 0.2~ hundredths South of and parallel with said edge of concrete, through a central angle of 33 degrees 0~ minutes 20 seconds, an arc length of ~2.08 feet to a point for corner, same point being/n the Southeast line of Lot ~, Block ! of said Addib'on; THENCE North 45 degrees 34 minutes 3I seconds East, a d/stance of 54. 79 feet to an 'x' set for corner in the West line of said Hearthstone Lane; THENCE south 00 degrees 49 minutes 02 seconds West, along the West line of said Hearthstone Lane, a distance of 9.3! feet to the Point Of Beginning and containing 0. 003 acre of land, more or less, and being subject to any and all easements that may affect. G:\HOYL\FORI'4S\DRIVEWAY EASEMENT EXHIBTr A. doc OCT. 20,1999 3:22pM HTMF OPERATING INC N0,1834 P, 1/2 OLYMPUS REAL ESTATE CORPORATION 200 Crescent Court, Suite 1650 Dallas, TX 75201 /l~0~ Phone: 214-720-7800 Fax: FAX TRANSMISSIONcovER SHEET '~IOcl i-~ ~ FROM Short Brand for DATE: Ron Hoyl October 2~ 1999 TOTAL PAGES INCLUDING COVER PAGE: 3 To Gary Sieb Fax # 972 304 7092 Jason Walker 214 630 4629 Please Call Shon Brand at 214 720 7801 if t~ere is a problem with gms transmission After speaking to Rocky ~Iohnson this afternoon and at his request, I have signed his name to the Written Consent of the Board of Directors of the Homeowners' Association of Old Coppell Estates, Inc. Rocky has indicated that as soon as he returns, he will sign the original, whereupon I will forward it to you immediately. Ron Hoyl CONFIDENTIALITY NOTICE: The information contained in this FAX may be confidentiat and/or privileged. This FAX is intended to be reviewed initially by only the individual named above. If the reader of this TRANSMI~I'HL PAGE is not the intended recipient or a representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this FAX of the information contained herein is prohibited. If you have received this FAX in error, please immediately notify the sender by telephone and return this FAX to the sender at the above address. Thank you. · 0CT. 20.1999 3:22PM HTMF OPERATING INC N0,1834 P, 2/2 WilI'I~EN ~OAISr, INT OF ~ BOARD OF D~RS IAi I.I~U O1~ MEEILNG OF HOMF. OWNr, IS' A,.q,.qO~IATION OF OLD COFP~I~L F.S'I'A~ INC. O~.r 14,1~)9 Old ~ ~ Iflc., as~..l~n~ CO~NFdI~ (~he ".4,~.qociafi~") orpflizcd ~ ~ Tmas Nm-Profit following reaolmio~ ~ad ~h sm] eve,,y a~lioll e.~ol~! gaei'g~y: 1, Grsnt ol~ Driveway i~.~_m~nt m beh~oftho Association: Wood~ MolVt~ S~nJ. Ho~ President Vioe Prosid~nt Troasurer IN WrI'NF~ WHIi~OF, iI~ umimiI~ hv~ ex~ulat llis ~ as oi'I~ d~ sgt fimh MIKE MoFARLANE So Z .................. /-¢u'~D' i V i'S'I'O~ ............................................................................. * · ./ BOUNDARY -'¢ .-"F.-~ ' ( Hr:ATH~--12..~TONI~ LANE ( ~ 80.0' F.I.R. I'"-. O R. ?/