OR 91500-A-760 PD-304-H Nixon Pence ResidentialAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-760
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM H (HISTORIC) TO PD -304-H (PLANNED
DEVELOPMENT 304 — HISTORIC) TO ALLOW THE CONSTRUCTION
AND MAINTENANCE OF A 3,880 -SQUARE FOOT SINGLE FAMILY
RESIDENCE ON LOT 1, BLOCK A; AND, CONSTRUCTION AND
MAINTENANCE ON A 4,190 -SQUARE FOOT SINGLE RESIDENCE ON LOT
2, BLOCK A, BEING A 0.44 ACRE TRACT OF LAND LOCATED AT 713 &
715 S. COPPELL ROAD, RESPECTIVELY, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF FOR ALL PURPOSES, SUBJECT TO THE
DEVELOPMENT REGULATIONS; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN, LANDSCAPE PLAN, TREE SURVEY, BUILDING
ELEVATIONS, PRIVATE MUTUAL ACCESS EASEMENT AND PRIVATE
DRAINAGE, UTILITY & MAINTENANCE EASEMENT ATTACHED
HERETO AS EXHIBITS `B", "C", "D", "E", "F" & "G" RESPECTIVELY;
PROVIDING DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of theCity
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication
and otherwise, and after holding due hearings and affording a full and fair hearing to all property
owners generally, and to all persons interested and situated in the affected area and in the vicinity
thereof, the said governing body is of the opinion that Zoning Application No. PD -304-H should be
approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning
Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from H (Historic) to PD -304-H (Planned
Development 304 — Historic) to allow the construction and maintenance of a 3,880 -square foot single
1 TM 119753
family residence on Lot 1, Block A; and, construction and maintenance on a 4,190 -square foot single
residence on Lot 2, Block A, being a 0.44 acre tract of land located at 713 & 715 S. Coppell Road,
respectively, and being more particularly described in Exhibit "A" attached hereto and made a part
hereof for all purposes, subject to the development regulations.
SECTION 2. That PD -304-H is hereby approved subject to the following development
regulations:
A) A 12' Private Mutual Access Easement and 10' Private Utility, Drainage and
Maintenance Easement shall be created by separate instrument on a form in substantial
compliance with Exhibits G and H, attached hereto for private use located on the mutual
property line between Lots 1 and 2; for the mutual private use and benefit of subsequent
owners of Lots I and 2, attached hereto and incorporated herein as if set forth in full
shall be executed upon conveyance to subsequent owners; and, said easement as
provided herein shall be noted on the Minor Plat filed prior to issuance of any building
permit.
B) A Minor Plat of Lots 1 and 2 of Block A, indicating all required easements shall be
filed with Dallas County prior to obtaining building permits.
C) Detailed engineering review to take place with engineering permit submittal.
D) For engineering review, submit site plan and plans for paving, grading, utilities, and
erosion control.
SECTION 3. That Site Plan, Landscape Plan, Tree Survey, Building Elevations, Private
Mutual Access Easement and Private Drainage, Utility & Maintenance Easement attached hereto
as exhibits "B", "C", "D", "E", "F" & "G" made a part hereof for all purposes, are hereby approved.
2 TM 119753
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided
to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
3 TM 119753
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
2021.
0.111 . •.
ATTEST:
—alum
ASHLEY OWn, CIT SECRETARY
4 TM 119753
EXHIBIT A — LEGAL DESCRIPTION
BEING A CALLED 0.44 ACRE TRACT OF LAND SITUATED IN THE J. A. SIMMONS
SURVEY, ABSTRACT 1296, IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS
AND BEING THE SAME TRACT OF LAND DESCRIBED IN DEED TO ANCH, LLC
RECORDED BY INSTRUMENT No. 202000058823, OFFICIAL PUBLIC RECORDS,
DALLAS COUNTY, RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF SOUTH COPPELL ROAD, (A
VARIABLE WIDTH RIGHT-OF-WAY) FROM WHICH A 1/2 INCH IRON ROD WITH A
YELLOW CAP FOUND MARKING THE NORTHEAST CORNER OF BLOCK A, LOT 2R
OF THE CONOBOY ADDITION REPLAT, AN ADDITION TO THE CITY OF COPPELL
BY THE MAP OR PLAT THEREOF AS RECORDED BY INSTRUMENT No.
201800061374, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS BEARS,
S0000010011W, A DISTANCE OF 36.00 FEET FOR REFERENCE;
THENCE, S90000'00"W, PASSING AT A DISTANCE OF 36.00 FEET, PASSING THE
SAID 1/2 INCH IRON ROD MARKING THE SOUTHEAST CORNER OF SAID BLOCK
Al LOT 1 R, AND CONTINUING A TOTAL DISTANCE OF 175.00 FEET TO AN X -CUT
FOUND IN CONCRETE FOR CORNER, ALSO MARKING THE NORTHWEST
CORNER OF SAID CONOBY ADDITION REPLAT;
THENCE, NOO°00'00"E, PASSING AT 0.83 FEET, THE MOST EASTERLY
NORTHEAST CORNER OF THE OLD TOWN ADDITION REPLAT, AND ADDITION
TO THE CITY OF COPPELL BY THE MAP OR PLAT THEREOF AS RECORDED BY
INSTRUMENT No.201200173120, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY,
TEXAS, CONTINUING A TOTAL DISTANCE OFF 110.00 FEET TO A 1/2 INCH IRON
ROD SET FOR CORNER, ALSO MARKING THE SOUTHWEST CORNER OF LOT 1,
BLOCK A, OF THE COZBY ADDITION, AN ADDITION TO THE CITY OF COPPELL
BY THE MAP OR PLAT THEREOF AS RECORDED BY INSTRUMENT No.
201200061912, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS;
THENCE, N90000'00"E, ALONG THE SOUTH LINE OF THE SAID COZBY ADDITION,
PASSING AT A FIELD DISTANCE OF 144.85 FEET THE SOUTHEAST CORNER OF
SAID COZBY ADDITION, CONTINUING A TOTAL A DISTANCE OF 175.00 FEET TO
A POINT FOR CORNER IN THE CENTERLINE OF SAID SOUTH COPPELL ROAD;
THENCE S00°00'00"E, ALONG CENTERLINE OF SAID SOUTH COPPELL ROAD, A
DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING AND CONTAINING
19,250 SQUARE FEET OR 0.442 ACRES OF LAND WITH 3,300 SQUARE FEET
BEING DEDICATED TO CITY OF COPPELL FOR THE SOUTH COPPELL ROAD
RIGHT-OF-WAY BY THIS PLAT.
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713 S017TH COPPE,LL ROAD
COPI'ELL. TEXAS 750 19
DAVID R.ANDREW - LANDSCAPE ARCHITECT
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IRV[NG, TEXAS 7,062
214-418-6283
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LANDSCAPE INSTALLATIO=V SPECIFICATIONS
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PERENNIAL PLANTING DETAIL
xarzoscftre:
LANDSCAPE
Lot I & Lot 2, BLOCK A, NIXON-PENCE ADDITION
713 SOUTH COPPELL ROAD
COPPELL, TEXAS 75619
DAVID R. ANDREW - LANDSCAPE ARCHITECT
2607 WARREN CIRCLE
IRVING, TEXAS 75062
214-418-6283
d.a�
Date:9-23-20 Seale:1—W-0'° Page3of3
Rev. 11-9-20.
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LANDSCAPE TABULATIONS
City ofCpp,rr T-
PURIMF'C)vft 1 :NDS(;AP) ;
1. Stmet Cronragc On-- shall he prov,dcd f-- 40 LE
2. Pedwe L.andaeape One -ha be pw,ided f- -q 69 11
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EXISTING TREE MITIGATION INFORMATION
—11
3+5 tl�
S"M keinaLJRemove hfneatb Fac
1
15'
Cedar E,r R—_
$3,090.00
1
15"
CAar Elm Remora
$3,000.00
1
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$3,600.00
1
12'
Ali, Remave
$2,400A0
1
18'
Pecan Rernain
1
34"
Oak Remote
$17,500.00
R2'3,s00.00
Tntalcarpe.T�nrsla -11z^ .
Toearr.amxomov«a -9a^
Pm,m,hoe Credit -16%(I> )
Landecape Credit -7'r
Totalma,tioo
LANDSCAPE -
Lot 1 & Lot 2, BLOCK A, NIXON-PENCE ADDITION
713 SOUTH COPPELL ROAD
COPPEL , TEXAS 751119
DAVID R. ANDREW -LANDSCAPE ARCHITECT
2607 WARREN CIRCLE
IRVING, TEXAS 75062
214-418-6283
d. drew -&i kX1.bal.rzct
Dace.: 9-23-20 Sc k: F" 8'-0" Pagn 2 of3
Rev. 11-9-20
0
�.1REAR ELEVATION ,,_,_o
Hn
GOPPELL STREET ELEVATION _,-0
---------------
- -------- -------- ----
---------------
----------------------
--------------
------------
------------ -- -- -- ------------
------------------------------ ------ - ------------------------
- ----------------- -
- ------------------- lull
- --------- -- ---------
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------------------
- -----------------
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----------------
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ig N
51DE ELEVATION ,,��_,�-0�
PRIVATE MUTUAL ACCESS EASEMENT AGREEMENT
Date:
Grantor:
Grantor's Mailing Address:
Clrnntee
Grantee's Mailing Address:
Dominant Estate Property: Being a 0.44 acre tract of land, more or less, situated in Dallas County,
Texas out of the J.A. Simmons, 640 -acre survey, Patent Number 1232, Vol. 10, and also being a
part of Lot 4 of 90 acres of said survey which was allotted and set apart to W.H. Simmons, one of
the children and heirs at law of said J.A. Simmons, in the partition of said survey among the heirs
of said J.A. Simmons in Suit No. 898 Katherine J. Freeman vs Alexander Simmons et al, in the
District Court of Dallas County, Texas shown by judgment and decree of said court of record in
Vol. "E" 73 and 327 of the Minutes of said court, more particularly described in the General
Warranty Deed with Vendor's Lien conveyed to Grantee, recorded as Instrument No.
202000058823 in the Official Public Records of Dallas County, Texas.
Easement Property: Being 400 square feet out of Lot 4, J. A. Simmons Survey, Abstract No. 1296,
City of Coppell, Dallas County, Texas, as depicted on Exhibit "A" attached hereto and made a part
hereof.
Easement Purpose: For providing free and uninterrupted pedestrian and vehicular ingress to and
egress from the Dominant Estate Property to and from Burnett Street, being an 80 -foot right-of-
way.
Consideration: Good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor.
Reservations from Conveyance: None.
Exceptions to Warranty: None.
Grant of Easement: Grantor, for the Consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs,
successors, and assigns an easement over, on, and across the Easement Property for the Easement
Purpose and for the benefit of the Dominant Estate Property, together with all and singular the
rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and
to hold the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor
binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title
to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the Easement or any part thereof, except as to the
Reservations from Conveyance and Exceptions to Warranty.
Terms and Conditions: The following terms and conditions apply to the Easement granted by this
agreement:
1. Character of Easement. The Easement is appurtenant to and runs with all or any
portion of the Dominant Estate Property, whether or not the Easement is referenced or described
in any conveyance of all or such portion of the Dominant Estate Property. The Easement is
nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs,
successors, and assigns who at any time own the Dominant Estate Property or any interest in the
Dominant Estate Property (as applicable, the "Holder").
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation ofRights. Grantor reserves for Grantor and Grantor's heirs, successors,
and assigns the right to continue to use and enjoy the surface of the Easement Property for all
purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Holder
for the Easement Purposes. Grantor reserves for Grantor and Grantor's heirs, successors, and
assigns the right to use all or part of the Easement in conjunction with Holder and the right to
convey to others the right to use all or part of the Easement in conjunction with Holder, as long as
such further conveyance is subject to the terms of this agreement and the other users agree to bear
a proportionate part of the costs of improving and maintaining the Easement.
4. Secondary Easement. Holder has the right (the "Secondary Easement") to use as
much of the surface of the property that is adjacent to the Easement Property ("Adjacent Property")
as may be reasonably necessary to install and maintain a road reasonably suited for the Easement
Purpose within the Easement Property. However, Holder must promptly restore the Adjacent
Property to its previous physical condition if changed by use of the rights granted by this Secondary
Easement.
5. Improvement and Maintenance of Easement Property. Improvement and
maintenance of the Easement Property will be at the sole expense of Holder. Holder has the right
to eliminate any encroachments into the Easement Property. Holder must maintain the Easement
Property in a neat and clean condition. Holder has the right to construct, install, maintain, replace,
and remove a road with all culverts, bridges, drainage ditches, sewer facilities, and similar or
related utilities and facilities under or across any portion of the Easement Property (collectively,
the "Road Improvements"). All matters concerning the configuration, construction, installation,
maintenance, replacement, and removal of the Road Improvements are at Holder's sole discretion,
subject to performance of Holder's obligations under this agreement. Holder has the right to
remove or relocate any fences within the Easement Property or along or near its boundary lines if
reasonably necessary to construct, install, maintain, replace, or remove the Road Improvements or
for the road to continue onto other lands or easements owned by Holder and adjacent to the
Easement Property, subject to replacement of the fences to their original condition on the
completion of the work. On written request by Holder, the owners of the Easement Property will
execute or join in the execution of easements for sewer, drainage, or utility facilities under or
across the Easement Property.
6. Equitable Rights of Enforcement. This Easement 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 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.
7. Attorney's Fees. If any party retains an attorney to enforce this agreement, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
8. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
9. Choice of Law. This agreement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties
in which the Easement Property is located.
10. Counterparts. This agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All counterparts will be
construed together and will constitute one and the same instrument.
11. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting
parry fails to declare immediately a default or delays in taking any action. Pursuit of any remedies
set forth in this agreement does not preclude pursuit of other remedies in this agreement or
provided by law.
12. Further Assurances. Each signatory parry agrees to execute and deliver any
additional documents and instruments and to perform any additional acts necessary or appropriate
to perform the terms, provisions, and conditions of this agreement and all transactions
contemplated by this agreement.
13. Indemnity. Each parry agrees to indemnify, defend, and hold harmless the other
party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any
provision of this agreement by the indemnifying parry.
14. Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that there are no oral
agreements, representations, or warranties that are not expressly set forth in this agreement.
15. Legal Construction. If any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among
the parties, the unenforceability will not affect any other provision hereof, and this agreement will
be construed as if the unenforceable provision had never been a part of the agreement. 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 agreement are for reference only and
are not intended to restrict or define the text of any section. This agreement will not be construed
more or less favorably between the parties by reason of authorship or origin of language.
16. Notices. Any notice required or permitted under this agreement must be in writing.
Any notice required by this 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 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.
17. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
18. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the
date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the
date for performance will be the next following regular business day.
GRANTOR
GRANTEE
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned Notary Public, personally appeared
, Grantor, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed.
GIVEN under my hand and seal of office this day of , 202
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned Notary Public, personally appeared
, Grantee, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed.
GIVEN under my hand and seal of office this day of , 202
Notary Public, State of Texas
EXHIBIT "A"
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THE 8,451 F THE WE,,T LINE C, "liPF'ELL RO l3EINIS, I �IQF`TH HOUSTON STIREET
AIIS SMO)VIN Or,� CC�IVDr Y ADDITION FL4T RE,'l.11(),R[,iED IS 2(X423,l,, PAGE 1,1, (d("V k, Crmj
CiFFICIAL F/IJIFLIC DALLAS �"IDUMTY, TEXAS
HEN NESSEY FRIVATE MUTUAL ACCESS EASEMENT SHEET '40,
I lEN,GlIEE RlNGlNC",E NIXON.,PENCE ADDITION
IV 7 W. WAIN SIAM, CAMUTON, TX 7 U COIP[,,TLL, TEXAS
RF
Lf 2
PRIVATE DRAINAGE, UTILITY, AND MAINTENANCE EASEMENT AGREEMENT
Date:
Grantor:
Grantor's Mailing Address:
Grantee -
Grantee's Mailing Address:
Dominant Estate Property: Being a 0.44 acre tract of land, more or less, situated in Dallas County,
Texas out of the J.A. Simmons, 640 -acre survey, Patent Number 1232, Vol. 10, and also being a
part of Lot 4 of 90 acres of said survey which was allotted and set apart to W.H. Simmons, one of
the children and heirs at law of said J.A. Simmons, in the partition of said survey among the heirs
of said J.A. Simmons in Suit No. 898 Katherine J. Freeman vs Alexander Simmons et al, in the
District Court of Dallas County, Texas shown by judgment and decree of said court of record in
Vol. "E" 73 and 327 of the Minutes of said court, more particularly described in the General
Warranty Deed with Vendor's Lien conveyed to Grantee, recorded as Instrument No.
202000058823 in the Official Public Records of Dallas County, Texas.
Easement Property: Being 1,750 square feet out of Lot 4, J. A. Simmons Survey, Abstract No.
1296, City of Coppell, Dallas County, Texas, as depicted on Exhibit "A" attached hereto and made
a part hereof.
Easement Purpose: For the installation, construction, operation, maintenance, replacement,
upgrade, and removal of storm drainage and utility facilities (collectively, the "Facilities").
Consideration: Good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor.
Reservations from Conveyance: None.
Exceptions to Warranty: None.
Grant of Easement: Grantor, for the Consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs,
successors, and assigns an easement over, on, and across the Easement Property for the Easement
Purpose, together with all and singular the rights and appurtenances thereto in any way belonging
(collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs,
successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns
to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors,
and assigns against every person whomsoever lawfully claiming or to claim the Easement or any
part of the Easement, except as to the Reservations from Conveyance and Exceptions to Warranty.
Terms and Conditions: The following terms and conditions apply to the Easement granted by this
agreement:
1. Character of Easement. The Easement is appurtenant to, runs with, and inures to
the benefit of all or any portion of the Dominant Estate Property, whether or not the Easement is
referenced or described in any conveyance of all or such portion of the Dominant Estate Property.
The Easement is nonexclusive and irrevocable. The Easement is for the benefit of Grantee and
Grantee's heirs, successors, and assigns who at any time own any interest in the Dominant Estate
Property (as applicable, the "Holder").
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation ofRights. Holder's right to use the Easement Property is nonexclusive,
and Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to use all
or part of the Easement Property in conjunction with Holder as long as such use by Grantor and
Grantor's heirs, successors, and assigns does not interfere with the use of the Easement Property
by Holder for the Easement Purpose, and the right to convey to others the right to use all or part
of the Easement Property in conjunction with Holder, as long as such further conveyance is subject
to the terms of this agreement.
4. Secondary Easement. Holder has the right (the "Secondary Easement") to use as
much of the surface of the property that is adjacent to the Easement Property ("Adjacent Property")
as may be reasonably necessary to install and maintain the Facilities within the Easement Property
that are reasonably suited for the Easement Purpose. However, Holder must promptly restore the
Adjacent Property to its previous physical condition if changed by use of the rights granted by this
Secondary Easement.
5. Improvement and Maintenance of Easement Property. Improvement and
maintenance of the Easement Property and the Facilities will be at the sole expense of Holder.
Holder has the right to eliminate any encroachments into the Easement Property. Holder must
maintain the Easement Property in a neat and clean condition. Holder has the right to construct,
install, maintain, replace, and remove the Facilities under or across any portion of the Easement
Property. All matters concerning the Facilities and their configuration, construction, installation,
maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of
Holder's obligations under this agreement. Holder has the right to remove or relocate any fences
within the Easement Property or along or near its boundary lines if reasonably necessary to
construct, install, maintain, replace, or remove the Facilities, subject to replacement of the fences
to their original condition on the completion of the work.
6. Equitable Rights of Enforcement. This Easement 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 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.
7. Attorney's Fees. If any parry retains an attorney to enforce this agreement, the parry
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
8. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
9. Choice of Law. This agreement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties
in which the Easement Property is located.
10. Counterparts. This agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All counterparts will be
construed together and will constitute one and the same instrument.
11. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting
parry fails to declare immediately a default or delays in taking any action. Pursuit of any remedies
set forth in this agreement does not preclude pursuit of other remedies in this agreement or
provided by law.
12. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts necessary or appropriate
to perform the terms, provisions, and conditions of this agreement and all transactions
contemplated by this agreement.
13. Indemnity. Each party agrees to indemnify, defend, and hold harmless the other
party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any
provision of this agreement by the indemnifying party.
14. Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that there are no oral
agreements, representations, or warranties that are not expressly set forth in this agreement.
15. Legal Construction. If any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among
the parties, the unenforceability will not affect any other provision hereof, and this agreement will
be construed as if the unenforceable provision had never been a part of the agreement. 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 agreement are for reference only and
are not intended to restrict or define the text of any section. This agreement will not be construed
more or less favorably between the parties by reason of authorship or origin of language.
16. Notices. Any notice required or permitted under this agreement must be in writing.
Any notice required by this 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 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.
17. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
18. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the
date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the
date for performance will be the next following regular business day.
GRANTOR
GRANTEE
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned Notary Public, personally appeared
, Grantor, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed.
GIVEN under my hand and seal of office this day of , 202
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned Notary Public, personally appeared
, Grantee, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he or she executed the same for the purposes
and consideration therein expressed.
GIVEN under my hand and seal of office this day of , 202
Notary Public, State of Texas
EXHIBIT "K
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