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Smart Start Sh/FP-ES 990219.Ha~-.'[5-99 08:30A P.03 NON-~.~CLUSIVE RECREATIONAL EASEM ~T THE STATE OF TEXAS § COUNTIES OF DENTON AND DA~AS § KNOW ALL MEN BY THESE PRESENTS: That the undersigned, DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 (hereinafter called .Grantor"), for and in consideration of certain good and valuable consideration paid to Grantor by the City of Coppell, Texas, whose address is 255 Parkway Boulevard, Coppell, Texas 75019 (hereinafter called ..Grantee") does hereby GRANT, BARGAIN, SELL AND CONVEY upon the terms hereinafter set forth to Grantee, its successors and assigns, an easement and the right to construct and maintain walking and bicycling trails or paths, landscaping, park benches, and similar facilities for the use of the general public on that certain tract of land owned by Grantor described in Exhibit "A" attached hereto and made a part hereof (the "Easement Tract"). The easement hereby granted provisions: (1) At such time as Grantee is subject to the following constructs any recreational improvements within the Easement Tract, such as those specified above, Grantee shall become responsible for the maintenance of the entire Easement Tract, including repairs and maintenance of the improvements installed by Grantee and the mowing of the Easement Tract. (2) The easement, rights and privileges granted herein are ~-exclusive and Grantor reserves and retains the right to use the Easement Tract for all purposes which do not unreasonably interfere TGG\ 102921 . 2\NON-EXCLUS I~JEREC~SEMENT3182 RECREATIONAL EASEMENT THE STATE OF TEXAS § COUNTIES OF DENTON AND DALLAS § KNOW ALL MEN BY THESE PRESENTS: That the undersigned, DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 (hereinafter called "Grantor"), for and in consideration of certain good and valuable consideration paid to Grantor by the City of Coppell, Texas, whose address is 255 Parkway Boulevard, Coppell, Texas 75019 (hereinafter called "Grantee") does hereby GRANT, BARGAIN, SELL AND CONVEY upon the terms hereinafter set forth to Grantee, its successors and assigns, an easement and the right to construct and maintain walking and bicycling trails or paths, landscaping, park benches, and similar facilities for the use of the general public on that certain tract of land owned by Grantor described in Exhibit "A" attached hereto and made a part hereof (the "Easement Tract"). The easement hereby granted is subject to the following provisions: (1) At such time as Grantee constructs any recreational improvements within the Easement Tract, such as those specified above, Grantee shall become responsible for the maintenance of the entire Easement Tract, including repairs and maintenance of the improvements installed by Grantee and the mowing of the Easement Tract. (2) The easement, rights and privileges granted herein are ex- clusive except that the Grantor reserves and retains the right to use the Easement Tract for all purposes which do not unreasonably interfere TGG\102 921 . 2 \NON- EXCLUS IVERECEASEMENT3 182 _Ma~i5-99 08:30A P.04 with the rights hereby granted, including the granting of other easements. (3) The easement, rights and privileges granted herein and the obligations of Grantee shall be perpetual or for so long as Grantee shall utilize the easement for the purposes intended. The easement, rights and privileges granted herein and Grantee's obligations hereunder shall terminate when, or at such time, as the purposes hereof cease to exist, are abandoned by Grantee, or become impossible of performance. (4) The easement, rights and privileges granted herein shall be subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements of record, including all laws, regulations, and restrictions by municipal or other governmental authority applicable to and enforceable against the Easement Tract. TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns, forever, subject to all of the terms, provisions and conditions hereof. WITNESS, the execution hereof on this 19th day of February, 1999. "GRA/TTOR" Denton County District No. i Levee Improvement By: Ben ~hers, Chairman Board of Directors TC~\ ~. O2 92 ~. 2 \NON Ma~:~5-gg 08:30A P.05 ACCEPTED AND AGREED: city of Coppell By: Name: Its: THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before rm.e °nr~ru~Dentc~n / 1999 by Ben Carruthers, Chairman, Board of Di ecto s, ~n County Levee Improvement District No. 1, a political subdivision, in the capacity therein stated on behalf of said subdivision. Notary Public in and for the State of T E X A S Name Printed or Typed My commission expires: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 1999 by , , City of Coppell, in the capacity therein stated on behalf of said city. (SEAL) Notary Public in and for the State of T E X A S Name Printed or Typed My commission expires: After recording, please return to: Ms. Julianne Bremer Kugle Coats, Rose, Yale, Ryman & Lee, P.C. 1001 Fannin, Suite 800 Houston, Texas 77002-6707 T~\ L02921.2 %NON- EXCLUSI%"EREC~AS~MENT3182 3 MaY';~5-gg 08:30A P.06 CURVE ~ _ruSLra ~IGL~ ~ laJO~U$ I ARC; ~Cf~3T~ f C~0~O e~O C~ C1 I ~'~'~ 1 ~' 330.~ 259.14 : S 6~05'02' E 252.53 C; [ ~45't8' 2~5.7E' "207.87 S ~22'28'W '2~.51 CURVE _r~'_LT'A ANGI.~ I~,U$ ARC LENGTH CHORD 9FARING CH~RO I.~ C1 ~'~'31 ~' 3JO.~ 259.14 S 6~05"02" E .252.53 C2 5Z45'T8" 2~5.76' "207.87 S 4~22'28' W 2~.51 Cl 4~56'2g' ~ i'~.i6 ;~.47 N 4~'53' E 202.86 C~ O~O6'IT' 3~.~ t8.10 N ar~'~' [ .... 18.~ i:\St.D\~227wuO1 \:SOATA\2 7SE:~d:)O 1