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Resolution 2018-28RESOLUTION NO. 2018-28(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN EASEMENT FOR DRAINAGE FACILITIES FOR WOODBRIDGE TOWNHOMES TRACT 4 FOR THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND HERZOG DEVELOPMENT CORPORATION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog Development Corporation, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 24th day of July, 2018. ATTEST TO: STEPHANIE STORM, City Secretary ERIC HOGU Ma or 1 � e / A j, i, SSs 1IIS� 5 � \ STArp OF '10 Resolution No. 2018-28(R) Easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog Development Corporation EXHIBIT "A" Easement Resolution No. 2018-28(R) Easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog Development Corporation \NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER. AFTER RECORDING RETURN TO: City of Wylie Attn: City Engineer 300 Country Club Road Wylie, Texas 75098 DRAINAGE EASEMENT AGREEMENT (with Temporary Easement) STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENTS: RECITALS WHEREAS, North Texas Municipal Water District is a conservation and reclamation district created under Section 59, Article XVI of the Texas Constitution; and WHEREAS, North Texas Municipal Water District owns Maxwell Creek Landfill located in Sachse, Texas; and VIHEREAS, Maxwell Creek Landfill is a closed facility; and WHEREAS, the Texas Commission on Environmental Quality and the Environmental Protection Agency continue to monitor Maxwell Creek Landfill to ensure it remains in compliance with all federal and state laws and regulations; and WHEREAS, Maxwell Creek Landfill will contain a passive landfill gas collection system, and currently contains landfill gas monitoring probes and groundwater monitoring wells for collecting any potentially migrating landfill gas and for the monitoring of landfill gas and groundwater for compliance with federal and state laws and regulations; and WHEREAS, Herzog Development Corporation is developing the tracts of land to the north and east of Maxwell Creek Landfill (the east tract referred to as Woodbridge Townhomes Tract 4); and WHEREAS, in order for Herzog Development Corporation to develop Woodbridge Townhomes Tract 4, Herzog Development Corporation has requested a drainage easement across a portion of Maxwell Creek Landfill for a box culvert and other drainage facilities; and Drainage Easement Agreement Page 1 of 15 2465952 WHEREAS, Herzog Development Corporation will construct the drainage facilities on a drainage easement and maintain them for two years; and WHEREAS, it is the intention of Herzog Development Corporation that the City of Wylie, after inspection, will accept the drainage facilities and be responsible for their maintenance and repair thereafter; and WHEREAS, North Texas Municipal Water District, the City of Wylie, and Herzog Development Corporation (hereinafter may be referred to singularly as "Party" or collectively as the "Parties") agree to enter into this Drainage Easement to establish the drainage easement and to set forth the duties and responsibilities of North Texas Municipal Water District, Herzog Development Corporation, and the City of Wylie. TEMPORARY EASEMENT That NORTH TEXAS MUNICIPAL WATER DISTRICT, a Texas Conservation and Reclamation District ("Grantor"), for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand to Grantor paid by the HERZOG DEVELOPMENT CORPORATION, a Texas corporation ("Grantee Herzog"), the receipt of which are hereby acknowledged, and for which no lien is retained, either expressed or implied, does hereby GRANT, SELL AND CONVEY unto Grantee Herzog a temporary easement and right to construct, reconstruct, erect, operate, repair, re -build, replace, alter, remove and maintain drainage facilities in the form of a box culvert and apron, together with all incidental improvements, and all necessary laterals (collectively, "Facilities"), over, across, in, on, under and through certain real property owned by Grantor and located in the City of Sachse, Collin County, Texas, as more particularly depicted in Exhibit A, attached hereto and incorporated herein for all purposes ("Temporary Easement"), and as depicted in Exhibit B, attached hereto and incorporated herein for all purposes. As part of the grant hereby made, it is agreed between Grantor and Grantee Herzog that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said Temporary Easement may be removed from said premises by Grantee Herzog. TO HAVE AND TO HOLD the Temporary Easement unto the Grantee Herzog, together with the right and privilege at all times to enter the Temporary Easement, or any part thereof, for the purpose of constructing, reconstructing, operating, repairing, re -building, replacing, altering, removing and maintaining the Facilities until the Temporary Easement terminates according to the terms hereof. Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Temporary Easement unto Grantee Herzog, it successors and assigns, if permitted, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. The Temporary Easement shall automatically terminate on the date that Grantee City (defined below) issues its final acceptance of the Facilities; provided, however, that should Drainage Easement Agreement Page 2 of 15 2465952 Grantee City need additional time for the Temporary Easement to remain in full force and effect, Grantor shall extend the date of termination of the Temporary Easement granted herein, as reasonably determined by Grantee City, but not to exceed six months after the expiration of two years after the date of this Drainage Easement Agreement. The termination of the Temporary Easement under this provision does not affect the Permanent Easement granted herein. Grantee City shall provide Grantor and Grantee Herzog written notice indicating its acceptance of the Facilities. A Party or the Parties then may file a document with the Real Property Records stating the Temporary Easement has terminated according to the terms of this Temporary Easement. PERMANENT EASEMENT That NORTH TEXAS MUNICIPAL WATER DISTRICT, a Texas Conservation and Reclamation District ("Grantor"), for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand to Grantor paid by the CITY OF WYLIE, TEXAS, a home -rule municipality ("Grantee City"), the receipt of which are hereby acknowledged, and for which no lien is retained, either expressed or implied, does hereby GRANT, SELL AND CONVEY unto Grantee City the easement and right to construct, reconstruct, operate, repair, enlarge, re -build, replace, relocate, alter, remove and perpetually maintain the Facilities, over, across, in, on, under and through certain real property owned by Grantor and located in the City of Sachse, Collin County, Texas, as more particularly depicted in Exhibit A, attached hereto and incorporated herein for all purposes ("Permanent Easement"), and as described in Exhibit C, attached hereto and incorporated herein for all purposes. As part of the grant hereby made, it is agreed between Grantor and Grantee City that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said Permanent Easement may be removed from said premises by Grantee City. TO HAVE AND TO HOLD the Permanent Easement perpetually unto the Grantee City, its succf,ssors and assigns, together with the right and privilege at all times to enter the Permanent Easement, or any part thereof, for the purpose of constructing, reconstructing, operating, repairing, enlarging, re -building, replacing, relocating, altering, removing and perpetually maintaining the Facilities. Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Permanent Easement unto Grantee City, its successors and assigns, if permitted, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Temporary and Permanent Easements Coexist. The Temporary Easement is coexistent with the Permanent Easement, except as differentiated herein. The Temporary Easement and Permanent Easement are hereinafter collectively referred to as the "Easements." Grantee Herzog and Grantee City are hereinafter Drainage Easement Agreement Page 3 of 15 2465952 collectively referred to as "Grantees" for simplicity. However, Grantee Herzog's duties and obligations hereunder apply only to the Temporary Easement, and Grantee City's duties and obligations hereunder apply only to the Permanent Easement. Notwithstanding anything to the contrary herein, Grantee City shall have no duties or obligations with respect to the Temporary Easement, including any duty or obligation to issue Final Acceptance of the Facilities. Maintenance of the Easements. The Easements shall remain open at all times. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence or any other structure within the Easements, unless approved by the City Engineer; provided, however, that it is understood that in the event it becomes necessary for Grantees to consider channelizing or erecting any type of drainage structure in order to improve storm drainage, then in such event, Grantees shall have the right, but not the obligation, to enter upon the Easements at any point, or points, with all rights of ingress and egress to investigate and survey the Easements. If the scope of this Drainage Easement Agreement needs to be amended to accommodate an additional drainage structure, which is not a Facilities, to improve storm drainage, then Grantor and Grantees may amend this Drainage Easement Agreement accordingly. Grantees shall keep the Easement free of debris, silt and any substance which would obstruct the flow of water. Grantees have the right of ingress and egress for the purpose of inspection, maintenance, repair, and replacement of the Facilities. Grantees have the right to . enter on the Easements at any point, or points, to investigate, survey, erect, construct, maintain and/or repair the Facilities or to conduct repairs or supervise the work of others deemed necessary, as solely determined by Grantees, for drainage purposes after providing five (5) business days written notice to Grantor. If emergency repairs are required, the five (5) business days written notice requirement is waived. However, Grantees shall provide Grantor written notice as soon as reasonably practicable. If Grantees are unable to access the Easements due to physical barriers or conditions, then Grantees shall have, and is hereby granted, the right of ingress and egress over that portion of the Grantor's adjacent property within fifteen feet (15') of the Easements, as is reasonably necessary to and for the limited purpose of accessing the Easements. The natural drainage through the Easements are subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. During the term of the Temporary Easement, Grantee Herzog shall be liable for any costs incurred as a result of any maintenance or repairs to the Facilities. Grantee City shall not be held liable for any damages of any nature resulting from the failure of any of the Facilities during the term of the Temporary Easement and the term of Grantee Herzog's Maintenance Bond with the Grantee City. During the term of the Permanent Easement, but after the Temporary Easement and Grantee Herzog's Maintenance Bond have terminated following acceptance of the Facilities by Grantee City, Grantee City shall be liable for any costs incurred as a result of any maintenance or repairs to the Facilities. Drainage Easement Agreement Page 4 of 15 2465952 Grantees shall at all times after doing any work in connection with the construction, reconstruction, operation, maintenance, or repair of the Facilities, restore the surface of the Easements as close to the condition in which it was found before such work was undertaken as is reasonably practicable, except for trees, shrubs and structures within the Easement Property that were removed as a result of such work. Grantor's Representations. Grantor represents and warrants to Grantees that Grantor is the sole owner of the fee simple title to the Easements. Grantor does hereby represent and warrant that there are no liens, attachments or other encumbrances which will affect the title or right of the Grantor to convey these Easements to Grantees for the purposes as described herein. If such condition does exist, a signature with acknowledgment shall be included and made a part of this document conveying the rights and privileges contained herein and subordinating any such lien to the Easements granted herein. This instrument shall not be considered as a deed to the Easements, or any part thereof, and the right is hereby reserved to Grantor, its successors and assigns, to use the Easements to landscape and build and construct fences, driveways, and other associated improvements over or across the Easements; provided, however, that in no event shall a wall, structure or building of any type other than those previously described or any piling, pier or isolated footing of any wall, structure or building be placed directly on the Easements. The easement rights and privileges granted herein are non-exclusive, but Grantor covenants that Gt•antor will not convey any other easement or conflicting rights within the area covered by this grant which unreasonably interfere with Grantees' rights granted herein and provided all such other grants comply with all applicable local, state and federal laws, ordinances, rules, regulations and/or requirements, as they exist, may be amended or in the future arising. Further, notwithstanding anything to the contrary herein, Grantor shall not place any improvement or take any action, permanent or temporary, which may cause damage or jeopardize the integrity of the Facilities or which will affect or interfere with, in any way, the rights granted herein. Grantees, may, due to the necessity of repair and maintenance of the Facilities remove and keep removed any and all improvements to the extent necessary to make repairs. The individual executing this instrument on behalf of Grantor represents that all appropriate and necessary actions have been taken to authorize the individual who is executing this instrument to do so for and on behalf of Grantor, that there are no other parties or entities required to execute this instrument in order for the same to be an authorized and binding agreement on Grantor and that the individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. Drainage Easement Agreement Page 5 of 15 2465952 It is understood and agreed that the consideration received by Grantor hereunder includes adequate compensation for the grant of the rights hereunder and for all damages arising out of the construction, reconstruction, repair, operation and maintenance of the Facilities to Grantor's property which may occur in the future resulting from Grantees' exercise of any rights granted herein. Termination. In the event Grantee City does not accept the Facilities within six months after the expiration of two years after the date of this Drainage Easement Agreement, the Easements automatically terminate. At such termination, Grantee Herzog shall remove the Facilities from the Easements and restore the surface of the Easements as close to the condition in which it was found before such work was undertaken as is reasonably practicable. In the event the Facilities prevent Grantor from complying with any federal, state, or local laws or regulations, or drainage from the Facilities becomes erosive, the Easements shall terminate provided that Grantor complies with the following procedures: Grantor shall provide Grantees written notice of such issues, and if Grantees fail to implement measures to correct the issues within 120 days of the written notice by Grantor, the Easements shall terminate. Such measures may include, but are not limited to, cooperate with Grantor in applying for permit modifications or modify the Facilities if deemed practicable by Grantee Herzog or Grantee City, as the case may be. No later than 90 days after such termination, Grantees shall remove the Facilities from the Easements and restore the surface as close to the condition in which it was found before such work was undertaken as is reasonably practicable. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, GRANTEE HERZOG SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS GRANTOR, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF GRANTOR, EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO GRANTEES' PERFORMANCE OF THIS DRAINAGE EASEMENT AGREEMENT. Mutual Obligations. Drainage Easement Agreement Page 6 of 15 2465952 (a) This instrument may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (b) Each Party and its employees, agents, and contractors shall in their respective operations exercise reasonable care not to damage the Facilities or other property of the other, including without limitation following line locate protocols before digging. (c) Equitable Rights of Enforcement. This Drainage Easement Agreement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the Parties to or those benefited by this Drainage Easement Agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. (d) Attorney's Fees. If any Party retains an attorney to enforce this Drainage Easement Agreement, the Party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. (e) Binding Effect. This Drainage Easement Agreement shall be binding on, and inure to the benefit of, Grantees and Grantor and their respective successors or assigns. (f) Choice of Law. This Drainage Easement Agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Exclusive venue is in a state district court in Collin County, Texas. (g) Waiver of Default. A Party's failure, delay, or neglect to enforce any right under this Drainage Easement Agreement shall not be deemed a consent or a waiver of any other of that Party's rights. It is not a waiver of or consent to default if the non -defaulting Party fails to declare immediately default or delays in taking any action. Pursuit of any remedy does not preclude pursuit of any other remedy in this agreement or as provided by law. (h) Further Assurances. Each Party agrees to execute and deliver any additional documents and instruments and to perform any additional acts reasonably necessary or appropriate to perform the terms, provisions, and conditions of this Drainage Easement Agreement and all transactions contemplated herein. (i) Integration. This Drainage Easement Agreement contains the entire agreement among the Parties relating to the rights herein granted and the obligations herein assumed. The Parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this Drainage Easement Agreement. No subsequent oral agreement, representation, or warranty concerning this Drainage Easement Agreement Page 7 of 15 2465952 Drainage Easement Agreement shall have force or effect. Any subsequent modification shall be in writing and signed by the Parties. (j) Legal Construction. If any provision in this Drainage Easement Agreement is for any reason unenforceable, (a) this Drainage Easement Agreement shall be construed as if such provision had never been a part of this agreement, and (b) the remainder of this Drainage Easement Agreement will valid and enforceable if and to the extent such construction does not deprive either Party of the substantial benefit of its bargain. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this Drainage Easement Agreement are for reference only and are not intended to restrict or define the text of any section. This Drainage Easement Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. (k) Notices. Any notice required or permitted under this Drainage Easement Agreement must be in writing. Any notice required by this Drainage Easement Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Drainage Easement Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. For Grantor: North Texas Municipal Water District Attn.: Assistant Deputy Director - Solid Waste 501 E. Brown Street (Physical Address) P.O. Box 2408 (U.S. Mail) Wylie, Texas 75098 For Grantee City City of Wylie Attn.: City Engineer 300 Country Club Road, Ste. 100 Wylie, Texas 75098 For Grantee Herzog Herzog Development Corporation Drainage Easement Agreement Page 8 of 15 2465952 800 E. Campbell Rd., Ste. 130 Richardson, Texas 75081 (1) Recitals/Exhibits. Any recitals in this Drainage Easement Agreement are represented by the Parties to be accurate and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. (m) Assignability. The Permanent Easement may be assigned by Grantee City, its successors or assigns, without the prior written consent of Grantor as long as the proposed successor or assign is a governmental entity that expressly assumes Grantee's obligations under this Agreement. The Temporary Construction and Maintenance Easement may not be assigned by Grantee Herzog. [Signature page follows.] Drainage Easement Agreement Page 9 of 15 2465952 EXECUTED on the dates appearing in the acknowledgements below, however, to be effective on this day of , 201_. GRANTOR: NORTH TEXAS MUNICIPAL WATER DISTRICT 93 Printed Name: Its: GRANTEE CITY: CITY OF WYLIE, TEXAS Mindy Manson, City Manager GRANTEE HERZOG: HERZOG DEVELOPMENT CORPORATION Don Herzog, President Drainage Easement Agreement Page 10 of 15 2465952 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the City Manager and duly authorized representative for the CITY OF WYLIE, TEXAS, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 201_. Notary Public, State of Texas My Commission Expires:_ STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Thomas W. Kula known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me that he/she is the Executive Director and duly authorized representative of the NORTH TEXAS MUNICIPAL WATER DISTRICT, and that he/she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 201 . Notary Public, State of Texas My Commission Expires:_ Drainage Easement Agreement Page I1 of 15 2465952 STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me that he/she is the and duly authorized representative of HERZOG DEVELOPMENT CORPORATION, and that he/she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 201 . Notary Public, State of Texas My Commission Expires:_ Drainage Easement Agreement Page 12 of 15 2465952 Exhibit A Depiction of Temporary Easement and Permanent Easement Drainage Easement Agreement Page 13 of 15 2465952 Exhibit B Legal Description of the Temporary Easement Drainage Easement Agreement Page 14 of 15 2465952 Exhibit C Legal Description of the Permanent Easement Drainage Easement Agreement Page 15 of 15 2465952 VICINITY MAP LEGEND EXHIBIT "A" D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXAS • = POINT FOR CORNER NOTE: BASIS OF BEARINGS DERIVED FROM THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, NORTH CENTRAL ZONE. POINT OF COMMENCING S89'31'18"E 5.16' NORTH TEXAS MUNICIPAL WATER DISTRICT VOLUME 2281 PAGE 358 D.R.C. C. T. LINE TABLE LINE BEARING LENGTH L1 S89'31'18"E 36.49' L2 S89'31'18"E 25.00' L3 SO'28'42"W 25.00' L4 N89'31'18"W 25.00' L5 NO'28'42"E 25.00' 2018-07-09 F J. VOLK c o n s u I t i r o so eo so xaa d n" WOODBRIDGE NORTH COMMERCIAL I, LTD. DOCUMENT NO. 20071004001372090 D.R.C. C. T. POINT OF BEGINNING L1 _ L2 I j LO I J J I I I of L4 01 �I 0I w1 w1N = ;0 I N 01 O r) zl zl I I I TEMPORARY EASEMENT L- I --------------- N89'31'18"W 90.00' NORTH TEXAS MUNICIPAL WATER DISTRICT VOLUME 1300 PAGE 809 D.R.C. C. T. '18"E 90.00' 25' x 25' PERMANENT EASEMENT 625 SQUARE FEET OR 0.014 ACRES WILLIAM SACHSE SURVEY, ABSTRACT NO. 835 CITY OF SACHSE, COLLIN COUNTY, TEXAS g Ryan S. Reynolds 830 Central Parkway East, suite 300 Plano, Texas 75074 Registered Professional Land Surveyor 972.201.3100 TBPLS Registration No. 10194033 No. 6385 1 of 1 15037ESMT-25'x25' DE EXHIBIT "B" 80'x 90' TEMPORARY EASEMENT BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of Sachse, Collin County, Texas and being part of that tract of land described in Deed to North Texas Municipal Water District (NTMWD), as recorded in Volume 1300, page 809 of the Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at the northwest of said NTMWD tract, and being the southwest corner of that tract of land described in Deed to Woodbridge North Commercial I, Ltd., as recorded in Document No. 20071004001372090, Deed Records of Collin County, Texas and lying in the east boundary of a tract of land described in Deed to North Texas Municipal Water District, recorded in Volume 2281, page 358 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 31 minutes 18 seconds East, a distance of 5.16 feet to the POINT OF BEGINNING of the tract of land herein described; THENCE South 89 degrees 31 minutes 18 seconds East, a distance of 90.00 feet to a point for corner; THENCE South 0 degrees 28 minutes 42 seconds West, a distance of 80.00 feet to a point for corner; THENCE North 89 degrees 31 minutes 18 seconds West, a distance of 90.00 feet to a point for corner; THENCE North 0 degrees 28 minutes 42 seconds East, leaving said east line, a distance of 80.00 feet to the POINT OF BEGINNING and containing 7200 square feet or 0.165 acres of land, more or less. 15037ESMT05-TCE.doc Page 1 of 1 EXHIBIT "C" 25'x 25' PERMANENT EASEMENT BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of Sachse, Collin County, Texas and being part of that tract of land described in Deed to North Texas Municipal Water District (NTMWD), as recorded in Volume 1300, page 809 of the Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at the northwest of said NTMWD tract, and being the southwest corner of that tract of land described in Deed to Woodbridge North Commercial I, Ltd., as recorded in Document No. 20071004001372090, Deed Records of Collin County, Texas and lying in the east boundary of a tract of land described in Deed to North Texas Municipal Water District, recorded in Volume 2281, page 358 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 31 minutes 18 seconds East, a distance of 36.49 feet to the POINT OF BEGINNING of the tract of land herein described; THENCE South 89 degrees 31 minutes 18 seconds East, a distance of 25.00 feet to a point for corner; THENCE South 0 degrees 28 minutes 42 seconds West, a distance of 25.00 feet to a point for corner; THENCE North 89 degrees 31 minutes 18 seconds West, a distance of 25.00 feet to a point for corner; THENCE North 0 degrees 28 minutes 42 seconds East, a distance of 25.00 feet to the POINT OF BEGINNING and containing 625 square feet or 0.014 acres of land, more or less. 15037ESMT05-25X25 DE.doc Page 1 of 1