SW0801-ES100427 (4/2712010) George Marshall - RE: SW08 -01 Denton Tap Sidewalk Page 1
From: George Marshall
To: Jay Turner
Date: 4/27/2010 4:42 PM
Subject: RE: SW08 -01 Denton Tap Sidewalk
Attachments: 598 Sidewalk Easment.pdf
Mr. Turner,
We have revised the last few sentences of the last paragraph to try to delineate what you are asking for.
If you have any further questions, please feel free to contact me.
Thank You, George
George Marshall, PE
City of Coppell
Engineering
972 - 304 -3562
»> "Jay Turner" <jayturner(arepublictitle.com> 3/25/2010 10:18 AM »>
George,
No problem whatsoever.
Per my previous discussions last year (with the intern that was handling
this, I think), I do not want to have any liability for the maintenance
or repair of the retaining wall, or any other improvements constructed
by the City. That being said, I believe this can be accomplished by
changing the word "GRANTEE" in the last paragraph, to "GRANTOR ", where
it states,
"GRANTEE shall not be obligated for future maintenance and upkeep of the
surface area ", to read:
"GRANTOR shall not be obligated for future maintenance, repair and /or
upkeep of the surface area or any improvements constructed thereon in
connection with the grant of this Easement."
My reason for this is that at least one time in the past, a car
traveling on Denton Tap has jumped the curb and damaged the property. I
lost a tree at that time. I don't want to be responsible for repairing
or replacing a retaining wall or sidewalk that I didn't pay for in the
first place, in the event a driver is uninsured or that I am otherwise
unable to collect for damages.
I'm granting this easement without any compensation (other than the
nominal statement of $10, so this addition can be the "other valuable
consideration ".
Thanks.
Jay
(4/27/2010) George Marshall - RE: SW08 -01 Denton Tap Sidewalk Page 2
Original Message
From: George Marshall J mailto :gmarshall@acoppelltx.govl
Sent: Thursday, March 25, 2010 9:14 AM
To: Jay Turner
Subject: SW08 -01 Denton Tap Sidewalk
Mr. Turner,
I would like to start off be apologizing for not getting back with you
earlier. I am not sure where everyone was at on the sidewalk easement
along Denton Tap. I have attached the necessary documents. You will
notice that there was a change to the original easement due to the need
for a retaining wall along the northwest corner of your property. If you
have any questions or would like to meet and talk about the project
please let me know.
Thank You,
George
George Marshall, PE
City of Coppell
Engineering
972 - 304 -3562
SIDEWALK EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT the term Grantor used herein shall be construed in the singular or plural
number as such term respectively represents one or more than one person.
THAT, JAY S. TURNER AND ELAINE C. TURNER, known herein as GRANTOR, in
consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable
consideration in hand paid by the City of Coppell, Texas, ( "GRANTEE "), receipt of which is
hereby acknowledged, does by these present grant, bargain, sell and convey unto GRANTEE, the
free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following
described property owned by GRANTOR (the "Easement ") for the purpose of constructing a public
or pedestrian right -of -way sidewalk across GRANTOR'S main tract with the right and privilege at
all times, of the GRANTEE herein, its agents, employees, workmen and representatives having
ingress, egress, and regress in, along, upon and across said premises (the "Easement ") for the
purpose of making additions to, improvements on and repairs to said sidewalk or any part thereof.
Said Easement being described in Exhibits "A" and "B" attached hereto and made a part
hereof for all purposes.
That in consideration of the benefits above set out, GRANTEE will remove from the
Easement, such fences, buildings and other obstructions as may be found upon said property. After
construction of the sidewalk has been completed, GRANTEE shall, except for removed obstructions,
return the surface area of the Easement to its original condition as nearly as practical taking into
consideration the nature of the work being performed. GRANTOR reserve the right to use and
maintain the surface of the Easement for purposes which will not interfere with GRANTEE'S rights
hereby granted and agree that upon completion of the sidewalk improvements and restoration of the
surface, GRANTEE shall not be obligated for future maintenance and upkeep of the non - concrete
surface area, landscaping and irrigation. GRANTEE shall be obligated for future maintenance of the
proposed improvements, sidewalk and retaining wall.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described.
EXECUTED this day of , 200 .
GRANTOR
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
, 200_, by
Notary Public, State of Texas
My Commission Expires:
Type / Print Name of Notary
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
, 200 , by
Notary Public, State of Texas
My Commission Expires:
Type / Print Name of Notary
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
, 200, by ,
of
a , corporation, on behalf of said corporation.
Notary Public, State of Texas
My Commission Expires:
Type / Print Name of Notary
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT SIDEWALK EASEMENT.
BEING 0.015 acre of land located in EDWARD A. CROW SURVEY, ABSTRACT
No. 301, City of Coppell, Dallas County, Texas, being a portion of the tract of
land conveyed to Jay S. Turner and Elaine C. Turner, according to the deed
recorded in Volume 94041, Page 3363.. of the Deed Records of Dallas County,
Texas. Said 0.015 acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at an "X" cut in concrete found at the Northwest corner of said
Turner tract, and the Southwest corner of the tract of land conveyed to
FIRST BAPTIST CHURCH OF COPPELL, by the deed recorded in
County Clerk's file number 200600309908, of the Deed Records of Dallas
County, Texas, lying in the East right -of -way line of Denton Tap Road;
THENCE N 89° 53' 14" E 10.37 feet, along the North boundary line of
said Turner tract, and the South boundary line of said Church tract, to a
point;
THENCE S 01° 59' 48" E 17.38 feet. to a point;
THENCE S 38° 56' 53" W 8.17 feet, to a point;
THENCE SOUTH 8.91 feet. to a point:
THENCE WEST 1.08 feet, to a point;
THENCE S 01° 06' 06" E 46.07 feet, to a point;
THENCE S 21° 10' 48" E 5.49 feet, to a point;
THENCE S 41° 15' 30" E 11.67 feet. to a point;
THENCE S 00" 42' 03" E 27.40 feet, to a point in the South boundary
line of said Turner tract, lying in the North right -of -way line of
Meadowcreek Road (a 50 foot public right -of -way);
THENCE S 89" 53' 14" W 6.05 feet, along the North right -of -way line of
said Meadowcreek Road, and the South boundary line of said Turner
tract, to a point in the East right -of -way line of said S. Denton Tap Road;
THENCE along the East right -of -way line of said S. Denton Tap Road, as
follows:
1. N 06° 20' 34" W 83.08 feet, to a 1/2" iron rod found:
2. N 00° 39' 41" W 37.41 feet, to the POINT OF BEGINNING. containing
0.015 acre (667 square feet) of land.
G v2009'i ASP.MI:NTS \ COPPELL CITY\COP DEMON TAP SWK O5.doc
1 EXHIBIT "B"
1
1 FIRST BAPTIST CHURCH OF COPPELL
POINT OF N 89 °53' ,14 "E CC# 200600309908
BEGINNING 10.37 D.R.D.C.T.
50'
"X" FOUND* 0
S 01 °59'48 "E
z • 17.38'
S 38 °56'53 "W
w.: 8.17'
-M .
~; SOUTH 8.91'
v i� E • � SIDEWALK
! 1/2 „I_ — WEST EASEMENT
r iO 1.08' 0.015 ACRE
rri �� ° (667 SQ.F.)
C7 11.j m p JAY S. TURNER &
H I c ', Oh ELAINE C. TURNER
4041, PG. 3363
= I� f ° Z VOL. 9 D.R.D.C.T.
PROPERTY ADDRESS:
c 1 z ` cA 598 S DENTON TAP RD.
I N
•:-.- id ,� S 21°10'48"E ."o
i' ° S 41 °15'30 "E
m
1 /11.67'
i
° `
i •
o
� S 00 °42'03 "E -2,
Q. 27.40 oGp
i° 1 �.
iA
0
I
1 � ° ° S 89°53'14"W
I% 6.05'
IA
Im
/0 . ,�` ., �\ MEADOWCREEK RD.
1 / IIAI(T.�SMITH )
• s
\.9.. 54154 .• (50 R,O.W.)
C9 P:: ssso i
4 \SU E
NOVEMBER 16, 2009
60' - -
C.K. BENTZIN, M.D.
VOL. 83245, PG. 3067
i I D.R.D.C.T.
PROPERTY ADDRESS:
600 S DENTON TAP R0.
COPPELL CITY OF COPPELL 255 Post Parkw
Offiace S B o oulevard 9978
v
TEXAS Coppell, Texas 75019
TEL.:972 -462 -0022
RITTAIN & CRAWFORD
BD SIDEWALK
EASEMENT
LAND SURVEYING & 0,015 ACRE OF LAND Z N
(9
TOPOGRAPHIC MAPPING LOCATED IN
17) 926 -0211 - METRO (817) 429 -5112 EDWARD A. CROW SURVEY
FAx No. (817) 926 -9347 ABSTRACT No. 301 6•4,
P.O. 90% 41374 • 3909 SOUTH FREEWAY
FORT WORTH, TEMAS 76110 CITY OF COPPELL
EMAIL, .em o6a1u;.- «o «1o.a<om DALLAS COUNTY, TEXAS SCALE 1 " =20' o
(K.G.) DATA \COPPELL_DENTON TAP RD. \COP_TAP_SWK_ESMT_05.DWG