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Riverchase-2/FP-ES 880426STATE OF TEXAS § § COUNTY OF DALLAS § fter Recording Return to: City of Coppell P.O. Box 478 Coppell, Texas 75019 Date: RI%~_~RCHASE*, A MASTER PLANNED COMMUNITY IN TEMPORARY PUBLIC RIGHT-OF-WAY EA: Grantor (include mailing address): Grantee (include mailing address): April 26 , 1988 Terra Corporate Joint Venture 5944 Luther Lane, Suite 502 Dallas, Texas 75225 S COPP~EXAS City of Coppell P.O. Box 478 Coppell, Texas 75019 Consideration: Ten dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are acknowledged by Grantor. Description of Temporary Easement Area: Two tracts of land within Riverchase*, a Master Planned Community in Coppell, Texas, more particularly described in Exhibit "A" attached hereto and by reference made a part hereof. Easement Purpose: Grantor is concurrently herewith dedicating public right-of-way to Grantee for Fairway Drive as per that certain "Final Plat for Dedication of Fairway Drive" dated October, 1987, prepared by Nathan D. Maier Consulting Engineers, Inc., to be recorded in the Map in Real Property records of Dallas County, Texas. Fairway Drive will eventually continue south, cross the railroad tracks of St. Louis and Southwestern Railroad, and connect with Belt Line Road. However, as of this date, the *Riverchase is a registered service mark. -1- 1035F 04/18/88 necessary approvals for the railroad crossing have not been obtained and Fairway Drive will be constructed with a cul de sac at its southern end. This temporary right-of-way easement is provided to permit construction of that part of the cul de sac not dedicated by the Plat and to permit the cul de sac to be used as temporary public right-of-way. Grantor conveys to and dedicates Grantee a public easement and right-of-way along, over and under the Easement Area for the purposes permitted above but none other, TO HAVE AND TO HOLD, unto Grantee, its successors and assigns, provided, however, this conveyance is made and accepted subject to the following conditions: 1. Grantee's rights shall automatically terminate and be of no further force and effect upon the earlier to occur of: (a) This Easement shall automatically terminate when Fairway Drive is extended south and connected to Belt Line Road (and such extension has been accepted by Grantee); or (b) Grantee's discontinuance of use of the Easement Area for the purposes described above. The termination shall not affect Grantee's duties under this Easement. 2. In exercising Grantee's rights, Grantee agrees to use best reasonable efforts to prevent and minimize damage and injury to the property adjacent to the Easement Area. If in exercising Grantee's rights hereunder, Grantee shall cause any damage, injury or change to the property adjacent to the Easement, Grantee shall promptly repair and restore the Easement Area. If Grantee shall fail to do so, Grantor may repair and restore the Easement Area and the cost thereof together with interest at the highest rate allowed by law shall be due and payable by Grantee upon demand. 3. This grant is made and accepted subject to all validly existing matters recorded in the official records of Dallas County, Texas. 4. The rights and obligations set forth in this Easement shall bind and inure to the benefit of the successors and assigns of Grantor and Grantee and shall run with land so as to benefit and burden the future owners of any direct or indirect interest in the real property encumbered by this Easement. -2- 1035F 04/18/85 EXECUTED effective as of the day first written above. TERRA CORPORATE JOINT VENTURE, a Texas joint venture By: TERRA LANE DEVELOPMENT CO., a Texas corporation, Venture Manager ~e~on, President STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on April 27 , 1988, by Jay Patterson, President of Terra Land Development Co., a Texas corporation, Venture Manager of Terra Corporate Joint Venture, a Texas joint venture. the ~a~e ~f T ~X A S My Commission Expires: 3/29/89 SHIRLEY L!TTLEJOHN Print Name of Notary -3- 1035F 04/18/88 LIENItOLDER'S CONSENT AND SUBORDINATION The undersigned holder of liens against the Easement Area consents to the grant of this Easement and agrees that the vendor's lien retained in deed dated March 2, 1985, recorded in Volume 85072, Page 4454, Deed Records, Dallas County, Texas, and the lien evidenced by that certain Deed of Trust dated March 2, 1985, recorded in Volume 8507.2, Page 4532, Deed of Trust Records, Dallas County, Texas, are hereby subordinated, in all respects, to the provisions of such Easement. L IENHOLDER: FIRST TEXAS SAVINGS ASSOCIATION Printed Name: Denise Locascio Title: Vice President Date: 4-26-88 STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on April 26 , 1988, by Denise Locascio , on behalf of First Texas Savings Association. My Commission Expires: 3/29/89 Shirley Littlejohn Print Name of Notary -4- 1035 F 04/18/88 TEMPORARY RIGHT-OF-WAY EASEMENT (WEST) Being a 0.0257 acre tract of land situated in the City of Coppell out of the Singleton Thompson Survey, Abstract 1493, Dallas County, Texas, said tract of land being more particularly described as follows: COMMENCING, at an iron rod found for corner on the north line of the St. Louis and Southwestern Railroad {ight of way (100' R.O.W.), said point being the southwest corner of a tract of land deeded to Jim Doerr in Volume 86067, Pages 5461-5463 of the Deed Records of Dallas County, Texas, and the southeast corner of a tract deeded to Terra Corporate Joint Venture in Volume 85072, Page 4454, in the Deed Records of Dallas County, Texas; THENCE, North 86° 21' 18" West, along said north line of St. Louis & Southwestern Railroad, a distance of 890.00 feet to a 1/2-inch iron rod on the west right-of-way line of proposed Fairway Drive (60' R.O.W.); THENCE, North 03° 38' 42" East, along said proposed west right-of-way line, a distance of 62.94 feet to a 1/2-inch iron rod set for corner and the POINT OF BEGINNING, and the beginning of a curve to the right; THENCE, along said curve to the right, having a central angle of 106° 15' 37", a radius of 50.00 feet, a tangent length ~f 66.67, for an arc distance of 92.73 feet to a 1/2" iron rod set for corner on the aforementioned west right- of-way line of proposed Fairway Drive; ._ THENCE, South 03° 38' 42" West, along said west right-of-way, a distance of 80.00 feet to a 1/2" iron rod set for corner and the POINT OF BEGINNING; CONTAINING, 0.0257 acres (1,118 square feet) of land. Exhibit "A" Page 1 of 2 TEMPORARY RIGHT-OF-WAY EASEMENT (EAST) Being a 0.0257 acre tract of land situated in the City of Coppell in the Singleton Thompson Survey, Abstract 1493, Dallas County, Texas, said tract of land being more particularly described as follows: COMMENCINq, at an iron rod found for corner on the north line of the St. Louis and Southwestern Railroad right of way (100' R.O.W.), said point being the southwest corner of a tract, of land deeded to Jim Doerr in Volume 86067, Pages 5461-5463 of the Deed Records of Dallas County, Texas, and the southeast corner of a tract deeded to Terra Corporate Joint Venture in Volume 85072, Page 4454, in the Deed Records of Dallas County, Texas; THENCE, North 86° 21' 18" West, along said north line of St. Louis & Southwestern Railroad, a distance of 830.00 feet to a 1/2-tnch iron rod on the east right-of-way line of proposed Fairway Drive (60' R.O.W.); THENCE, North 03° 38' 42" East, along said proposed east right-of-way line, a distance of 62.94 feet to a 1/2-inch iron rod set for corner and the POINT OF BEGINNING; THENCE, North 03°.' 38' 42" East, continuing along said right-of-way line, a distance of 80.00 feet to a 1/2-inch iron rod set for corner and the beginning of a curve to the right; THENCE, along said curve to the right, having a central angle of 106° 15' 37", a radius of 50.00 feet, a tangent length of 66.67 feet, for an arc distance of 92.73 feet to a 1/2" iron rod set for corner and the POINT OF BEGINNING; CONTAINING, 0.0257 acres (1,118 square feet) of land. Exhibit ~A~ Page 2 of 2