ATMOS Energy - Offer Letter 50 ft Utility Easement-CN 2021-03-16ATMOS
energy
INITIAL OFFER LETTER
December 3, 2020
Via CMRRR # 7020 1290 0001 8143 6378
The City of Coppell
Attention: City Attorney
255 Parkway Boulevard
Coppell, Texas 75019
Via CMRRR 9 7020 1290 0001 8143 6385
The City of Coppell
Attention: City Manager
255 Parkway Boulevard
Coppell, Texas 75019
Via CMRRR 9 7020 1290 0001 8143 6392
The City of Coppell
P.O. Box 9478
704 East Beltline Road
Coppell, Texas 75019-9478
Via CMRRR # 70201290 0001 8143 6408
The City of Coppell
14901 North Lake Road
Coppell, Texas 75019
RE: Atmos Energy Pipeline W8/1
Dallas County, Texas
Dear Landowner:
Atmos Energy Corporation ("Atmos Energy") is a Texas-based company that transports and
delivers natural gas to residential, commercial, industrial and municipal customers. In order to
safely and reliably provide our customers with these services, Atmos Energy must from time to
time install new pipelines and related facilities. In connection therewith, Atmos Energy has
determined there is a public necessity to acquire a new easement over your property in Dallas
County, which is more particularly described in the easement enclosed herewith.
Atmos Energy has investigated property values in your area in order to assess the amount of just
compensation due as a result of this acquisition and determined that $358,881.000 is appropriate
compensation for the acreage within the easement and any applicable damage to the remainder of
your property. You have the right to discuss with others this offer or any agreement made with
Atmos Energy, or you have the right to keep this offer or any agreement confidential.
Copies of the proposed easement and a plat showing the location of the easement on your
property are enclosed. Please feel free to call me to discuss these documents.
Atmos Energy has the power of eminent domain in acquiring the easement being sought because
it is for a public use and purpose. However, Atmos Energy prefers to acquire property rights
through open market negotiation. In the event Atmos Energy cannot acquire the easement by
voluntary acquisition, the condemnation process will have to be used. Enclosed for your
convenience and reference is a copy of The State of Texas Landowner's Bill of Rights, which
discusses the condemnation process.
If you wish to discuss this offer with Atmos Energy, please contact me at (214) 206-2941 or via
email at LJ.Robinson@AtmosEnergy.com. We look forward to discussing this matter with you.
Sincerely,
CX� /�40 &4U4�
LJ Robinson
Atmos Energy Corporation
5420 LBJ Freeway, Suite 1700
Dallas, Texas 75240
Enclosures: Easement
Survey plat
Landowner's Bill of Rights
EXHIBIT "A"
ATMOS ENERGY CORPORATION
50 FEET -WIDE EASEMENT 1
CITY OF COPPELL
(STATE OF TEXAS)
(COUNTY OF DALLAS)
All that certain 50 feet -wide easement being situated in the M. & W. Survey, Abstract 1054, in the City of
CoppeIl, in Dallas County, Texas and being in a called 31.5182 acres tract described in a Special Warranty Deed With
Reserved Right of First Refusal and Restrictive Covenants to the City of Coppell, as recorded in Doc. No.
200900305881 of the Official Public Records of said county and said easement being described by metes and bounds,
as follows:
BEGINNING at the west corner described herein, on the south line of a 50 feet -wide easement recorded in Vol.
2002074, Pg. 04220 of said Official Public Records, from which an iron rod, with a cap stamped "RPLS 6013 TX",
found on the southeast line of Belt Line Road, for the southwest corner of said 31.5182 acres tract and the most eastern
northwest corner of a called 20.0000 acres tract recorded in Doc. No. 20080370206 of said Official Public Records
bears South 82°22'03" West, a distance of 276.42 feet (NOTE: BEARINGS AND DISTANCES ARE BASED ON
U. S. STATE PLANE NAD 1983 COORDINATES, TEXAS NORTH CENTRAL ZONE — 4202);
THENCE North 57057'40" East, along said south line, a distance of 50.68 feet to the north corner described herein
THENCE South 41'2446" East, a distance of 84.66 feet to the east comer described herein, on the line dividing said
31.5182 acres and the remainder of the Shallows West Tract, a called 73.4397 acres tract recorded in Doc. No.
20080370203 of said Official Public Records.
THENCE South 89°59'00" West, along said dividing line, a distance of 66.65 feet to southwest comer described
herein, from which an iron rod, with a cap stamped "RPLS 6013 TX", found for the northeast corner of said 20.0000
acres tract bears South 89159'00" West, a distance of 27.40 feet;
THENCE North 41024'46" West, a distance of 48.84 feet to the POINT OF BEGINNING and containing 3,337
square feet or 0.08 acre of land.
Revision: #5
1 hereby certify that the above and foregoing description represents an on the ground survey conducted under my
supervision in February and April of 2020 and is true and correct to the best of my knowledge.
Original signed and stamped in blue ink
X . ,6 Date of Signature: November 11, 2020.
DONALD R. CROWLEY, R.P.L.S. Nd.P5210
FOR CROWLEY PIPELINE & LAND SURVEYING, L.L.C.
FRN: 100465-00
117 WEST ARCHER
JACKSBORO, TEXAS 76458
(940) 567-2234 Office
(940) 567-2155 Fax
Pagel of 5
W8 CONFLICT
PROJECT ID.: 180.11368
1 CITY OF COPPELL R5.docx
EXHIBIT "A"
ATMOS ENERGY CORPORATION
VARIABLE WIDTH EASEMENT 2
CITY OF COPPELL
(STATE OF TEXAS)
(COUNTY OF DALLAS)
All that certain variable width easement being situated in the M. & W. Survey, Abstract 1054, in the City of
Coppell, in Dallas County, Texas and being in a called 31.5182 acres tract described in a Special Warranty Deed With
Reserved Right of First Refusal and Restrictive Covenants to the City of Coppell, as recorded in Doc. No.
200900305881 of the Official Public Records of said county and said easement being described by metes and bounds,
as follows:
BEGINNING at the west corner described herein, on the south line of said 31.5182 acres tract and the north line of a
remainder of Shallows West Tract, a called 73.4397 acres tract recorded in Doc. No. 20080370203 of said Official
Public Records, from which an iron rod, with a cap stamped "RPLS 6013 TX", found on the southeast line of Belt
Line Road, for the southwest corner of said 31.5182 acres tract and the most eastern northwest corner of a called
20.0000 acres tract recorded in Doc. No. 20080370206 of said Official Public Records bears South 8959'00" West,
a distance of 377.88 feet, said POINT OF BEGINNING being on the southeast line of the new DART right of way,
said right of way being in a curve to the left which has a radius of 1,952.08 feet and a long chord that bears North
48°08'50" East, for 119.11 feet (NOTE: BEARINGS AND DISTANCES ARE BASED ON U. S. STATE PLANE
NAD 1983 COORDINATES, TEXAS NORTH CENTRAL ZONE — 4202);
THENCE Northeasterly, along said right of way and said curve, an arc distance of 119.13 feet to a point at the end
of said curve;
THENCE North 49°36'39" East, continuing along said right of way line, a distance of 64.58 feet to a point;
THENCE North 48005'12" East, continuing along said right of way, a distance of 11.95 feet to the north corner
described herein, on the northwest line of a remainder of Shallows North Tract, a called 136.10 acres tract recorded
in said Doc. No. 20080370203;
THENCE South 33°41'39" West, along said northwest line, a distance of 117.84 feet to a point;
THENCE South 32119'35" West, continuing along said northwest line, a distance of 36.98 feet to the southeast corner
of said 31.5182 acres tract;
THENCE South 89°59'00" West, along the south line of said 31.5182 acres tract and a north line of said Shallows
West Tract, a distance of 61.66 feet to the POINT OF BEGINNING and containing 3,949 square feet or 0.09 acre
of land.
Revision: #5
I hereby certify that the above and foregoing description represents an on the ground survey conducted under my
supervision in February and April of 2020 and is true and correct to the best of my knowledge.
Original signed and stamped in blue ink.
egt= w.� %L. Date of Signature: November 11, 2020.
DONALD R. CROWLEY, R.P.L.S. . 5210
FOR CROWLEY PIPELINE & LAND SURVEYING, L.L.C.
FRN: 100465-00
117 WEST ARCHER
JACKSBORO, TEXAS 76458 ,
(940) 567-2234 Office
(940) 567-2155 Fax
Page 2 of 5
W8 CONFLICT
PROJECT ID.: 180.11368
1 CITY OF COPPELL RS.docx
❑1
DONALD R. CROWLEY
..............................
5210
LAT:32.947825
LON:96.987002
LINE TABLE
50 FEET -WIDE EASEMENT 1
LINE
BEARING
DISTANCE
L1
N 57'57'40" E
50.68'
L2
S 41 °2446" E
84.66'
L3
S 69°59'00" W
66.65'
L4
N 41'24'48" W
48.84'
VARIABLE WIDTH EASEMENT 2
L5
N 49°36'39" E
64.58'
L6
N 48"05'12" E
11.95'
L7
S 33°41'39" W
117.84'
L8
S 32'19'35"W
36.98'
L9
S 89°59'00" W
61.66'
LEGEND
- - - - - -
=DEED LINE
—P/L-P/L-P/L— = EXISTING PIPELINE �• Qri
DALLAS COUNTY, TEXAS
M. & W. SURVEY 10
ABSTRACT 1054 �
I,
- -
=EXISTING EASEMENT .- •,'= r
OVERHEAD ELECTRIC GpO�• •� p ' P jvr� / pQQGQ�g� Q�C'V
50 FEET -WIDE EASEMENT 1
3,337 SQUARE FEET OR 0.08 ACRE 6E�' ,�•'�r
r ,
=VARIABLE WIDTH EASEMENT 2
3,949 SQUARE FEET OR 0.09 ACRE �.•�'s , ' r d j
CIRF •�..
RPLS 6013 TX"
S S2°22'03' W 276.42' F' s / �.. Poe Cy
i• ''' . fit j ESMT.1
PS'COM
" OCv G E eNSE pA2?0
50 20 Z0� 4,
STATE OF TEXAS`
COUNTY OF DALLAS
CITY OF COPPELL
r
S 89°59'00" W /
377.88'
COPPELL INDEPENDENT
SCHOOL DISTRICT
CALLED 20.0000 ACRES
DOC. NO. 20080370206
CIRF.�
"RPLS 6013 T.
PO
0
I hereby certify that the above and foregoing plat represents((DONALD
OF
an on the ground survey conducted under my supervision inFebruary
and April of 2020 and is true and correct to the bestof
my knowledge,Original
signed and stamped in blue ink.
•..............
R.•CROWLEY
DATE OF SIGNATURE: November 11, 2020
5210 PODONALD
R. CROWLEY R.P.L.S. N0.5210SUR
�
FOR CROWLEY PIPELINE & LAND SURVEYING, L.L.C.
FRN:100465-00
117 W. ARCHER
JACKSBORO, TEXAS 76458
(940) 567-2234 OFFICE
(940) 567-2155 FAX
BEARINGS AND DISTANCES ARE
BASED ON U. S. STATE PLANE
NAD 1983 COORDINATES, TEXAS
NORTH CENTRAL ZONE - 4202
L3
S 89"59'00" W
0' 27.40'
CYPRESS WATERS LAND B• LTD.
CYPRESS WATERS LAND C, LTD.
REMAINDER OF SHALLOWS
WEST TRACT
CALLED 73.4397 ACRES
DOC. NO. 20080370203
C��{G gBff ,A,
OF y182p 05a �j�� / �
�5 'yd
�� Q"O O /
PMT.2 , / G-�G-kq cb ��P�'
i
N
*1' s:.
Qf A T T7 11) = Afl)
DEED INSET
SCALE 1" =1000'
ATE: March 2, 2020 EASEMENT 1 PLAT SHOWING TWO EASEMENTS IN
WG. NO.: 1 CITY OF COPPELL R5.dw��0� 3,337 SQ. FT. OR THE M. & W. SURVEY, ABSTRACT 1054,
OOK NO.: FS A0.08 ACRE LOCATED IN DALLAS COUNTY, TEXAS. OLr
RACT NO.: 1 energy V. W. EASEMENT 2
ROJECT AFE: 180.11368 3,949 SQ. FT. OR
EXHIBIT `°A"
ATMOS ENERGY CORPORATION
VARIABLE WIDTH EASEMENT 3
CITY OF COPPELL
(STATE OF TEXAS)
(COUNTY OF DALLAS)
All that certain variable width easement being situated in the M. & W. Survey, Abstract 1054 and the J. G. Carlock Survey,
Abstract 312, in the City of Coppell, in Dallas County, Texas and being in a called 31.5182 acres tract described in a Special Warranty
Deed With Reserved Right of First Refusal and Restrictive Covenants to the City of Coppell, as recorded in Doc. No. 200900305881 of
the Official Public Records of said county and a called 18.043 acres tract described in a Special Warranty Deed to The City Of Coppell,
Texas, as recorded in Doc. No. 201600196735 of said Official Public Records and said easement being described by metes and bounds,
as follows:
BEGINNING at a point southeast line of a 50 feet -wide easement recorded in Vol. 71167, Pg. 1298 of said Official Public Records for
the northeast corner described herein, from which an iron rod with a cap stamped "FRONTIER SURVEYING", found for the northeast
corner of said 31.5182 acres tract and the most northern northwest corner of said 18.043 acres tract bears South 7826'18" West, a
distance of 250.92 feet (NOTE: BEARINGS AND DISTANCES ARE BASED ON U. S. STATE PLANE NAD 1983
COORDINATES, TEXAS NORTH CENTRAL ZONE - 4202);
THENCE South 46° 1245" West, leaving said southeast line, a distance of 791.47 feet to a point;
THENCE South 46017'42" West, a distance of 635.46 feet to a point;
THENCE South 46°12'45" West, a distance of 797.66 feet to a point;
THENCE South 4544'10" West, a distance of 141.12 feet to a point on the approximate line dividing (509.00 contour line) said 31.5182
acres tract and the remainder of the Shallows North Tract, a called 136.10 acres tract recorded in Doc. No. 20080370203 of said Official
Public Records;
THENCE Along said dividing line the following calls: South 52°02'17" West, a distance of 24.89 feet to a point; South 52°47'53" West,
a distance of 102.76 feet to a point; South 53°09'58" West, a distance of 77.66 feet to a point; South 52°32'31" West, a distance of 96.74
feet to a point; South 51 °4222" West, a distance of 164.70 feet to a point on the southeast line of a DART right of way, from which an
iron rod, with a cap stamped "RPLS 6013 TX", found on the southeast line of Belt Line Road, for the southwest corner of said 31.5182
acres tract and the most eastern northwest corner of a called 20.0000 acres tract recorded in Doc. No. 20080370206 of said Official
Public Records bears South 65158'36" West, a distance of 830.47 feet;
THENCE North 46°17'23" East, along said right of way, a distance of 35.37 feet to a point at the beginning of a curve to the right,
which has a radius of 7,597.49 feet and a long chord that bears North 46°50'54" East, for 106.97 feet;
THENCE Northeasterly, along said curve and said right of way line, and arc distance of 106.98 feet to a point at the end of said curve;
THENCE Northeasterly, along said right of way line, the following calls:
North 47025'59" East, a distance of 61.83 feet to a point; North 45°42'04" East, a distance of 401.00 feet to a point;
North 46'12'45" East, a distance of 797.70 feet to a point; North 46'17'42" East, a distance of 635.46 feet to a point;
North 46'12'45" East, a distance of 659.34 feet to a point on said southeast line of said 50 feet -wide easement;
THENCE North 66°56'40" East, along said southeast line, a distance of 141.24 feet to the POINT OF BEGINNING
and containing 125,633 square feet or 2.88 acres of land.
Revision: 45
1 hereby certify that the above and foregoing description represents an on the ground survey conducted under my supervision in
February and April of 2020 and is true and correct to the best of my knowledge.
Original signed and stamped in blue ink.
�,�s. •-.••�w� X. Date of Signature: November 11, 2020.
DONALD R. CROWLEY, R.P.L.S. Nd. -5210
FOR CROWLEY PIPELINE & LAND SURVEYING, L.L.C.
FRN. 100465-00
117 WEST ARCHER
JACKSBORO, TEXAS 76458
(940) 567-2234 Office
(940) 567-2155 Fax
Page 4 of 5
W8 CONFLICT
PROJECT ID.: 180.11368
1 CITY OF COPPELL R5.docx
.0F
:U
..............................
DONALD
R. CROWLEY
p .5210
�rv0
IyO:ESS��
VP
LAT:32.953834
LON:96.978546
LINE TABLE
VARIARI F WIDTH FASF:IA;: IT
DALLAS COUNTY, TEXAS
LINE
BEARING
DISTANCE
L1
S 46`12'45" W
791.47'
L2
S 46°17'42" W
635.46'
L3
S 46"12'45" W
797.66'
L4
S 45°44'10" W
141.12'
L5
S 52'02'17" W
24.89'
L6
S 52'47'53" W
102.76'
L7
S 53'09'58"W
77.66'
L8
S 52°32'31" W
96.74'
L9
S 51 °42'22" W
164.70'
L10
N 46°17'23" E
35.37'
L11
N 47°25'59" E
61.83'
L12
N 45°42'04" E
401.00'
L13
N 46'12'45" E
797.70'
L14
N 46°17'42" E
635.46'
L15
N 46°12'45" E
659.34'
L16
N 66"56'40" E
141.24'
16
CIRF
TXU GAS COMPANY F-KUN i ItK
50' -WIDE PIPELINE EASEMENT SURVEYING POS
POS
VOL. 71167, PG. 1298 +-> I ESMT. i
V•� S 78-26"18" W
rf
r A govt
r
THE CITY OF
COPPELL, TEXAS
�� ,,F / ✓ j CALLED 18.043
DOC. NO.
201600196735
%j rNORTH � LAKE
M. & W. SURVEY r CONTROL
N
ABSTRACT 1054 % p� MONUMENT4
j CITY OF COPPELL j
r CALLED 31.5182 ACRES
' r '
ARC LEN 106.98' DOC. NO. 200900305881
�` / ' �'
R 7,597.49' f= �1` 5 r•° .�• �....` 1
D 0°48'24"/ i% /�'°� �•
CH B N 46°50'54" ' / j ���i�• . ! SCALE 1" 4W
/�..\ CH LEN 106.97' /,,° / �' •Q
OF
EASEMENT 3
PLAT SHOWING A VARIABLE WIDTH
EASEMENT IN THE M. & W. SURVEY,
7e � o:•N
■ �O�
CROWLEY ••
DONALD R ,.P
..;:9.......
ABSTRACT 1054 AND THE J. G.
CARLOCK SURVEY, ABSTRACT 312,
5210
91L'O•.
�E S 5��.•�'�O
�.��.,�.
. •'a' S 63830 �,I,
7i:r'
�CIRF
"RPLS 6013 TX"
OTXU GENERATION
A COMPANY LP, et al
TRANSMISSION
#1 EASEMENT
CALLED 151.519 ACRES
VOL. 2001248, PG. 11540
RAWN BY: LAJ
ATE: March 2, 2020
WG. NO.: 1 CITY OF COPPELL
OOK NO.: FS
2ACT NO.: 1
ROJECT AFE: 180.11368
f THE CITY OF COPPELL �'�•
j • �' TRACT 1
1 CALLED 12.618
A DOC. NO, 201600107181
CYPRESS WATERS LAND B, LTD. 'a
CYPRESS WATERS LAND C, LTD. �.
REMAINDER OF 0 400 800
�0 SHALLOWS NORTH TRACT
9 CALLED 136.10 ACRES
DOC. NO. 20080370203
J. G. CARLOCK STATE OF TEXAS BEARINGS AND DISTANCES ARE
SURVEY COUNTY OF DALLAS BASED ON U.S. STATE PLANE
CITY OF COPPELL NAD 1983 COORDINATES, TEXAS
ABSTRACT 312 NORTH CENTRAL ZONE - 4202
I hereby certify that the above and foregoing plat represents
an on the ground survey conducted under my supervision in
LEGEND February and April of 2020 and is true and correct to the
= APPROXIMATE SURVEY LINE best of my knowledge.
Original signed and stamped in blue ink.
OVERHEAD ELECTRIC DATE OF SIGNATURE: November 11, 2020
DEED LINE
—Pau—Pn—Pn— = EXISTING PIPELINE
-- - = EXISTING EASEMENT DONALD R. CROWLEY R.P.L.S. NO. 5210
= EDGE OF WATER FOR CROWLEY PIPELINE & LAND SURVEYING, L.L.C.
— = VARIABLE WIDTH EASEMENT 3 FRN:100465-00
rL i.J 125,633 SQUARE FEET OR 2.88 ACRES 117 W. ARCHER
JACKSBORO, TEXAS 76458
(940) 567-2234 OFFICE MOOT „Q„
(940) 567-2155 FAX
EASEMENT 3
PLAT SHOWING A VARIABLE WIDTH
EASEMENT IN THE M. & W. SURVEY,
3 SQ.
■ �O�
OR 2.8
OR 2.88 ACRES
ABSTRACT 1054 AND THE J. G.
CARLOCK SURVEY, ABSTRACT 312,
OO
energy
LOCATED IN DALLAS COUNTY, TEXAS.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY DOCUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Line: W8
R/W#: 1
LJR 11102020
PIPELINE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
That for and in consideration of the sum of TEN DOLLARS ($10.00), and other good
and valuable consideration paid by Atmos Energy Corporation, a Texas and Virginia corporation
with its principal office at 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, together with its
successors and assigns (said entity and its successors and assigns are herein collectively called
"Grantee") to the undersigned, the receipt of which is hereby acknowledged, the undersigned
(herein called "Grantor" whether one or more) hereby grants, sells and conveys unto Grantee, a
free and unobstructed right of way and exclusive easement for the purpose of laying,
constructing, operating, maintaining, inspecting, repairing, replacing, changing the size of,
relocating and changing the route or routes of, abandoning in place and removing at will, in
whole or in part, a pipeline or pipelines and the appurtenances thereto, including the right to
install additional pipelines and appurtenances in the future as may be necessary or convenient for
Grantee, for the transportation of oil, gas, lignite and other fluids or substances, or any of them,
and the products thereof, together with such above ground drips, valves, fittings, meters, pressure
relief facilities, aerial markers, graphite and steel anodes, rectifier poles and other devices for the
control of pipeline corrosion, and other appurtenances as may be necessary or convenient in the
operation of said lines, over, across, under and upon the area described on Exhibit "A" attached
hereto and made a part hereof (the `Basement Area").
It is further agreed as follows:
1. Grantee shall have the right to select the exact location of said pipelines and any future
additional pipelines within the Easement Area, and to do whatever may be requisite for
the use and enjoyment of the rights herein granted, including the right of ingress and
egress over Grantor's adjacent or additional lands to or from said Easement Area.
Page 1
IOL
2. Grantor further agrees not to change the grade, remove dirt from the surface of the
Easement Area or impound water over the Easement Area without the prior written
approval of Grantee.
3. The aforesaid consideration includes any and all damages that may be sustained by the
original construction of said lines, including without limitation, cutting trees and damages
to land, trees, buildings, fences, growing crops and grasses; however, after the original
construction Grantee will pay to the owner of the land and, if leased, to the tenant, as they
may be respectively entitled, actual damages done to fences and growing crops by reason
of entry to repair, maintain and remove said pipelines, or for any future construction,
including but not limited to the laying of additional future pipelines. Further, the
aforesaid consideration includes the right of Grantee to install additional, future pipelines
and appurtenances as Grantee, in its sole discretion, may determine to be necessary or
convenient.
4. Grantee has the right to trim, cut down or eliminate trees or shrubbery to the extent, in the
sole judgment of Grantee as may be necessary to prevent possible present or future
interference with the convenient operation or convenient inspection of said lines and to
remove possible present or future hazard to such lines, and the right to remove or prevent
the construction of any and all buildings, structures, reservoirs, or other obstructions on
said Easement Area and to prevent activities on said Easement Area any of which, in the
sole judgment of the Grantee may presently or in the future endanger or interfere with the
efficiency, safety, convenient operation or convenient inspection of said lines and
appurtenances.
5. If Grantee should abandon the rights granted herein and if such abandonment should
continue for a continuous period of ten years, all rights of Grantee herein shall ipso facto
terminate and revert to Grantor, his heirs, legal representatives, and assigns.
6. Grantor and Grantee agree that the failure to assert any right under this Pipeline Easement
shall not constitute a waiver of any other right hereunder. Further, it is hereby agreed that
any delay by Grantee in asserting any right granted it in this Pipeline Easement,
regardless of the length of any such delay, shall not prevent Grantee from later asserting
or otherwise enforcing that same right, including but not limited to the right to prevent or
remove any encroachments within the Easement Area as provided in Paragraph 4 above.
7. Both Grantor and Grantee hereby represent and warrant that they have read and have
fully understood the terms of this Pipeline Easement, that they have had the opportunity
to have same reviewed by an attorney, and that in entering into this Pipeline Easement
they are relying solely upon their independent review and the advice of their respective
counsel. Further, Grantor and Grantee acknowledge that this Pipeline Easement has been
negotiated by the parties, and this Pipeline Easement shall be construed as one prepared
by the joint efforts of Grantor and Grantee and shall not be construed against either party
as the drafter.
TO HAVE AND TO HOLD the above described easements and rights unto the said
Grantee, and Grantee's successors and assigns, until abandoned as provided for herein.
Page 2
IOL
This instrument and covenants and agreements herein contained shall constitute
covenants running with the land, binding upon Grantor, his heirs, legal representatives,
successors and assigns, for the benefit of Grantee, and Grantee's successors and assigns.
Grantor hereby binds himself, his heirs, legal representatives and assigns to warrant and
forever defend all and singular the above described easements and rights, unto the said Grantee,
and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to
claim the same, or any part thereof.
It is hereby understood that the party securing this grant on behalf of Grantee is without
authority to make any covenant or agreement not herein expressed.
<Signature pages to follow>
Page 3
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EXECUTED this 10+1 day of MW W , 2-D21.
xw"r""
home municipality
(SIGNATURE) /
karw %0
(NAME)
(ADDRESS)
STATE OF TEXAS
COUNTY OF Nikca
BEFORE ME, the undersigned authority, on this day personally appeared
1&p l-{uyv, , known to me to be the person(s) whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she/they executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 U�4%ay ofk -L " ^J-- -
,
202
Notary Public dnd for the State of Texas
`%�1�py f*, ASHLEY M. OWENS j
Notary Public, State of Texas &5vw w J
M% Comm. Expires 02-24-2023 (Print Name A Notary Public Here)
Notary ID 130128128
My Commission Expires: '212-14 12&21:�,
Page 4
IOL
LANDOWNER'S
BILL OF RIGHTS
PREPARED BY THE
OFFICE OF THE
ATTORNEY GENERAL OF TEXAS