Arbor Manors-CS080724Page 1 of 1
Keith Marvin - 05088B -Arbor Manors - Verizon Agreement
From: "Matt Alexander" <malexander(�'.Maa- clvll .com>
To: <kmarvin(�'.&i.coppell.tx.us>
Date: 7/24/2008 10:11 AM
Subject: 05088B -Arbor Manors - Verizon Agreement
CC: "Dale Powrie" <dalepowriegsbcglobal.net >, "Barrett, Jeff'
<jbarrettgDWHOMES.com>
Attachments: 05088B- 2008- 07- 18- verizon agreement
Keith,
Attached is the Verizon agreement. Would you please forward the agreement to Albert. Thanks again for
meeting on Monday to resolve this matter.
Matt
Dowdey, Anderson & Associates, Inc.
5225 Village Creek Drive, Suite 200
Plano, Texas 75093
Phone: 972 - 931 -0694
Fax: 972 - 931 -9538
www.d aa-civil.com
file: HC: \Documents and Settings \radloo \Local Settings\ Temp \XPgrpwise \48885545City_o... 8/30/2010
DRIVEWAY RELOCATION AND CONSTRUCTION EASEMENT
Effective Date:
Grantor:
Grantor's Address:
Grantee:
Grantee's Address:
July 18, 2008
GTE SOUTHWEST INCORPORATED
Attn: James Tousignant
15505 Sand Canyon Ave. Cl -P940
Irvine, California 92618
PRIORITY DEVELOPMENT, L.P.
Attn: David Hale
1 111 North Post Oak Blvd.
Houston, Texas 77055
Easement Property: The easement area is described and depicted on Exhibit D, whicb is attached
hereto and incorporated herein.
Easement' Purposes: 1. The construction and installation of an asphalt driveway and all
reasonably necessary appurtenances thereto in the easement area depicted
on Exhibit A; and
2. The removal of a portion of the existing asphalt driveway from the easement area
depicted in Exhibit B and seeding the area between the remaining driveway and
the City of Coppell's right of way along Sandy Lake Road.
Consideration: Ten Dollars ($10.00) and other good and valuable consideration, which the
Grantor acknowledges.
Grant: Grantor, for the Consideration herein expressed grants, sells and conveys to
Grantee the easements over, under, upon and across the Easement Property for
the Easement Purposes and for the benefit of Grantor, its successors and assigns,
together with all and singular the rights and appurtenances thereto, to have and
hold the Easement Property to Grantee, and Grantee's successors or assigns,
forever. Grantor binds Grantor and Grantor's successors and assigns, to warrant
and defend all and singular the easements over, upon and across the Easement
Property, to Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, subject
to the following terms and conditions:
1. Er ctp !i ons t- Alarranty ",11 matters of record in Dallas County, Tcx� that
encumber the Easement Property.
2. Duration of Easement This agreement shall terminate on the earlier to occur
of (i) the date when the Easement Purposes and the work, described in Exhibit C
attached hereto and incorporated herein, have been completed, or (ii) 180 days
from the date hereof.
DALLDOCS\248531.2
3. Reservation of Rights Grantee'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 Grantee as long as such use by Grantee and Grantee's heirs, successors, and
assigns does not interfere with the use of the Easement Property by Grantee 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 Grantee, as long as such further
conveyance is subject to the terms of this agreement.
4. Temporary Construction Easement In addition to the Easement Property
described herein, Grantee shall have the temporary right to use that portion of
the surface of the property lying within twenty (20) feet of each boundary of the
Easement Property, from time to time for the Easement Purposes. Upon
completion of any such activities, Grantee shall promptly remove from the
temporary easement area all surplus material and will cause such area to be left
as nearly as practical in the condition as it existed prior to such work_, except for
reasonable clearing of vegetation and other requirements for such construction.
5. Maintenance The Easement Property shall be maintained in a neat and clean
condition at the sole expense of Grantee. If Grantee does not maintain the
Easement Property, then Grantor, after giving Grantee ten (10) days' written
notice, may perform the maintenance, and Grantee shall reimburse Grantor upon
demand for all costs of such maintenance, plus interest at the lesser of ten
percent (10 %) per annum or the highest rate permitted by applicable law.
6. Fencing or Barricades Grantee may fence or barricade the Easement
Property, provided the fencing or barricades do not close both the existing and
proposed driveways simultaneously.
7. No Cost to Grantor The easements are granted upon the condition the work
described in Exhibit C will be completed at no expense to Grantor and Grantor
shall not be responsible for any costs of construction in connection with such
work.
8. Compliance with Laws Grantee shall, at its own cost and expense, comply
with all applicable laws, including but not limited to existing zoning ordinances,
governmental rules and regulations enacted or promulgated by any governmental
authority and shall promptly execute and fulfill all orders and requirements
imposed by such governmental authorities for the correction, prevention and
abatement of nuisances in or upon or connected with said premises because of
Grantee's use therec`
9. Indemnity. GRANTEE HEREBY AGREES TO PROTECT, INDEMNIFY,
DEFEND AND HOLD HARMLESS GRANTOR FROM AND AGAINST ANY
AND ALL LOSSES, COSTS (INCLUDING, WITHOUT LIMITATION, THE
COSTS OF LITIGATION AND REASONABLE ATTORNEY'S FEES),
CLAIMS, CAUSES OF ACTION, DAMAGES AND LIABILI'T`IES
(COLLECTIVELY, "LOSSES ") THAT ARE ATTRIBUTABLE TO THE
BREACH BY GRANTEE OF ANY OF THE PROVISIONS OF THIS
AGREEMENT AND AGAINST ALL LOSSES RESULTING FROM
DALLDOCS\2486312 2
GRANTEE'S USE OF THE EASEMENT AND THE EASEMENT
PROPERTY.
10. Assignment Grantee shall not assign this agreement to any person or
entity without the prior written consent of Grantor.
EXHIBITS:
Exhibit A - Easement Property - New Driveway
Exhibit B - Easement Property - Driveway to be Removed
Exhibit C — Description of Work
Exhibit D - Easement Property - Depiction and Legal Description
EXECUTED this day of S � , 2008.
GTE SOUTHWEST INCORPORATED
ai4
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Corporate Acknowledgment:
STATE OF �S
COUNTY OF D RLUAS
This instrument was acknowledged before me on by jo VI(.ti g Ajl�
as �� C. of GTE Southwest Incorporated, a
corporation, on behalf of said corporation.
[Seal], , G Cherie K Rudolph Feasley
a n
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my Commission Expires'C! < n
Notary Public in and fo the
State of �CflS
AFTER RECORDING, RETURN TO:
PRIORITY DEVELOPMENT, L.P.,
Attn: Jeff Barrett
1111 North Post Oak Blvd.
Houston, Texas 77055
DALLDOCS1248631.2
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Exhibit C
Work will commence in approximately 30 days. The 30 days is based on the work
progress of the Arbor Manors single family subdivision construction. In approximately
30 days, the correct equipment will be on site to allow for the start and finish of the drive
relocation in one operation.
Work duration will take approximately 5 weeks. Work shall be performed in a good and
workmanlike manner and in accordance with all applicable laws.
The construction schedule is contingent upon weather and the progress of the Arbor
Manors construction.
Contacts:
On Site General Contractor Contact:
Dale Powry
12890 Hillcrest Road, Suite 103
Dallas, TX 75230
(972) 387 -9200
Contractor:
Rodman LLC
6831 Ash Street
Frisco, TX 75034
(972) 335 -4510
Owner Representative:
Jeff Barrett
1111 North Post Oak Road
Houston, TX 77055
(713) 316 -3311
(678) 255 -5384
Lxh11t3IT' D
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT
BEING a tract of land located in the EDWARD A. CROW SURVEY, ABSTRACT
NO. 301, City of Coppell, Dallas County, Texas and being part of a tract of land
described in Deed to General Telephone Company of the Southwest, recorded in
Volume 71011, Page 1961, Deed Records, Dallas County, Texas and being more
particularly described as follows:
BEGINNING at a PK nail found at the intersection of the South right -of -way line of
Sandy Lake Road, a 110 foot right -of -way, with the East line of said General Telephone
Company tract, said point being at the Northwest corner of Lot 1, Block A of ARBOR
MANORS, an Addition to the City of Coppell, Dallas County, Texas according to the
Plat thereof recorded in Document No. 20070293262, Map Records, Dallas County,
Texas;
THENCE South 00 degrees 23 minutes 17 seconds East, along the common line of said
General Telephone Company tract and said Lot 1, a distance of 82.79 feet to a point for
corner;
THENCE North 41 degrees 31 minutes 11 seconds West, leaving said common line, a
distance of 64.46 feet to a point for corner;
THENCE South 88 degrees 55 minutes 07 seconds West, a distance of 70.84 feet to a
point for comer;
THENCE North 01 degrees 03 minutes 24 seconds West, a distance of 53.56 feet to a
point for comer in said South right -of -way line at the beginning of a non - tangent curve
to the left having a central angle of 02 degrees 15 minutes 37 seconds, a radius of
2,923.94 feet and a chord bearing and distance of South 81 degrees 10 minutes 54
seconds East, 115.35 feet;
THENCE Easterly, along said South right -of -way line and along said curve to the left,
an arc distance of 115.35 feet to the POINT OF BEGINNING and containing 5,949
square feet or 0.137 acres of land, more or less.
R: \Data \2005\05088\00\Survey Dau \Easements\05088ESMT09-TEMP tONS.da x of 2
VICINITY MAP
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ExtGIT D
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D.R.O.C.T. = DEED RECORDS, DALLAS COUNTY, TEXAS
M.R.D.C.T. = MAP RECORSS, DALLAS COUNTY, TEXAS
o = PK NAIL FOUND
(UNLESS OTHERWISE NOTED)
= POINT FOR CORNER
NOTE: BASIS OF BEARINGS DERIVED FROM
THE PLAT OF ARBOR MANORS, AN ADDITION
TO THE CITY OF COPPELL, DALLAS COUNTY,
TEXAS ACCORDING TO THE PLAT THEREOF
RECORDED IN DOCUMENT NUMBER
20070293262, M.R.D.C.T.
Det #a =2`1 5'37"
R= 2923.94'
T= 57.68'
L=115.35'
Chd =S81 "10'54 "E 115.35'
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CONNEL+_ SKAGGS ADDITION
VOLUME 88066, PAGE 5896
M.R.D.C.T.
SANDY LAKE ROAD
(110' RIGHT -OF -WAIF
POINT OF
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GENERAL TELEPHONE COMPANY OF
THE SOUTHWEST
VOLUME 71011, PAGE 1961
D.R.D.C.T.
LOT 1, BLOCK A
ARBOR MANORS
DOCUMENT NO. 20070293262
M.R.D.C.T.
VARIABLE WIDTH TEMPORARY GQNSTRUC ION ELASILME
5,949 SQUARE FEET OR 0.137 ACRES
EDWARD A. CROW SURVEY, ABSTRACT NO. 301
CITY OF COPPELL, DALLAS C
DOWDEY, ANDERSON
& ASSOCIATES, INC. Sean Shropshire
5225YbgeCretkDM,Sta1e200 gaixjaZ75043 Registered Professional Land Surveyor
9nw Fax9119319538 No. 5674
0410712008
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