ST8804-ES 920626 DEDICATION OF STORM DRAINAGE EASEMENT
THE STATE OF TEXAS S
S KNOW ALL MEN BY THESE PRESEN~E~ 16.00
COUNTY OF DALLAS ~ TOT[ ~6.00
~001 2995 0000000 3020 2:~3PM 6/26/92
That The Resolution Trust Corporation, as Receiver for ABQ
Federal Savings Bank ("Grantor"), does hereby dedicate to the City
of Coppell, Dallas County, Texas ("Grantee"), for the use and
benefit of the public and subject to the conditions and limitations
contained herein, but without warranty of title, either express or
implied, a nonexclusive easement for the purpose of locating,
constructing, placing, repairing, maintaining, replacing, or
removing a storm drainage system consisting of underground storm
drainage pipe, headwalls, riprap, concrete aprons and other
necessary drainage improvements (hereinafter called "Storm Drain")
and for making connections to such Storm Drain, in, upon and across
that certain strip of land more particularly described by metes and
bounds on Exhibit "A" and shown on the sketch on Exhibit "B"
attached hereto and made a part hereof for all purposes
(hereinafter sometimes called the "Easement Strip"). Nothing
contained herein shall grant, or be construed to grant, Grantee the
right to use the Easement Strip for any purpose other than for the
purposes set forth herein.
TO HAVE AND TO HOLD the above described easement, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto Grantee, its successors and assigns forever.
This easement is granted, and accepted, subject to all
encumbrances, liens, covenants, conditions and other matters (i) of
record in Dallas County, Texas, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent
same exist and affect the easement herein granted.
Grantee agrees at all times to maintain in good condition and
repair such Storm Drain at no expense to Grantor. Further, Grantee
agrees to pay Grantor promptly for all damages, if any, necessarily
caused to Grantor's other lands from time to time by reason of the
construction, operation, maintenance, repair, alteration, and or
servicing of the Storm Drain.
Should it become necessary at any time for Grantee or its
agents to enter upon the Easement Strip for the purposes of
maintaining, repairing, altering, relocating, and/or removing the
Storm Drain as permitted hereunder, Grantee shall, after each entry
upon said land, leave said land at the same level and condition
that it was in prior to such entry to the full extent reasonably
practicable; and in the event that any such entry should cause or
produce damage to fences, gates, streets, roadways, driveways,
paving, landscaping or other improvements that may be situated on
said land, or cause or produce damages to the surface of said land
or any other lands of Grantor, Grantee shall promptly pay to
Grantor any and all damages that may be caused by reason of any
such subsequent entry.
Grantor expressly reserves unto itself and its successors and
assigns, the right to use and enjoy the land covered by the
Easement Strip, except insofar as said use and enjoyment might
unreasonably interfere with the rights hereby granted to Grantee.
Grantor specifically reserves, without limitation, the right (i) to
grant or dedicate additional easements or rights-of-way upon or
across the Easement Strip to such other persons or entities and for
such purposes as Grantor may desire, (ii) to extend roads, public
or private streets, driveways, walks, passageways, landscaping,
planting and other like uses across and along the Easement Strip,
DEDICATION OF STORM DRAINAGE EASEMENT - Page i
92125
(iii) to construct or locate upon or across the Easement Strip
fences, signs, pavement and other such items or materials, and (iv)
to provide public or private drainage facilities upon and across
the Easement Strip, provided that, in all such cases, Grantee shall
not be unreasonably disturbed nor shall there be any unreasonable
interference in Granteets use and enjoyment of the rights hereby
granted to Grantee. Grantor additionally may wish to relocate, at
Grantor~s sole cost and expense and with the approval of Grantee,
which approval shall not be unreasonably withheld, the Easement
Strip, Storm Drain and any other existing easement improvements to
a different area which shall thereafter become the Easement Strip
and Storm Drain hereunder, so long as such relocated easement,
storm drain, and other improvements provide the same or greater
storm water drainage from the drainage areas as is provided by the
Easement Strip, Storm Drain and any other then existing easement
improvements. Such relocation shall be conducted in such a manner
such that there will be no interruption in storm drainage
protection or service. Upon completion of the aforesaid relocation
and substitution of a different easement area, storm drain and
drainage improvements, the existing Easement Strip and Storm Drain
shall be released, abandoned and vacated by Grantee by appropriate
ordinance.
All persons entering upon the Easement Strip under this grant
shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
Grantee, by the acceptance and recording of this easement, hereby
agrees to indemnify, defend and hold Grantor, its successors and
assigns, harmless from and against any and all liability, claims,
damages, costs and expenses (including reasonable attorney's fees)
arising from any and all construction, reconstruction, maintenance,
operation, removal and other work performed by Grantee, its agents
and employees or its contractors or subcontractors pursuant to its
rights hereunder, unless caused by the negligence of Grantor.
It is understood and agreed that this agreement is an easement
only and in no waygrants or conveys any part of the underlying fee
simple estate of any lands owned by Grantor. This easement shall
terminate, without suit or reentry, when the use of said Storm
Drain therein installed ceases or when Grantee abandons said Storm
Drain.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Granteets option, by Grantee~s contractors, subcontractors, agents
and employees.
DEDICATION OF STORM DRAINAGE EASEMENT - Page 2
92125
IN WITNESS WHEREOF, this instrument is executed this the~9
day of 6~~, 1995,.
,~~ THE RESOLUTION TRUST CORPORATION, AS
RECEIVER FOR ABQ FEDERAL SAVINGS
BANK
Name ~ ~ao ,~i~9
Title Us~a~nenl ~z~a~ ~ ,~:_~
STATE OF COLORADO S
COUNTY OF DENVER S ~
This~ instrument was acknowledged b~for~e me on~ Jo ,
199~, ~ ~ , ~h' ~. M~ t~~'e O~
The Resolution Trus~ Co~oration in its dapacity as 'Receiver for
~Q Federal Savings Ba~.
GIV~ ~D~ ~ ~ ~D S~ OF OFFICE, this the ~ day
of ~r, 199~.
N~ary ~blic in a~ fO~'~/~ ~f:
~e State of Col~adO ~ ~. ~i
DEDICATION OF STORM DRAINAGE EASEMENT - Page 3
92125 : -650
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by this Dedication of Storm Drainage Easement, dated October ,
1991, from The Resolution Trust Corporation, as Receiver for ABQ
Federal Savings Bank, to the City of Coppell, County of Dallas,
State of Texas, has been duly accepted, subject to all terms and
conditions contained herein, by resolution of the City Council
adopted , 1991, and the City Council has
consented to recordation of such Dedication of Storm Drainage
Easement by its duly authorized officer.
DATED , 1991.
Mayor, City of Coppell
Dallas County, Texas
ATTEST:
City Secretary, City of Coppell
Dallas, County, Texas
STATE OF TEXAS S
COUNTY OF DALLAS S
This instrument was acknowledged before me on this day
of , 1991, by , Mayor
of the City of Coppell, Dallas County, Texas.
Notary Public in and for
the State of Texas
After Filing Please Return To:
Richard M. Dooley
Jackson & Walker
901 Main Street, Suite 6000
Dallas, Texas 75202
173105/D
DEDICATION OF STORM DRAINAGE EASEMENT - Page 4
92125 .651
EXHIBIT A
BEING a tract of land situated in the Sibered Henderson
Survey, Abstract No. 629 in the City of Coppell, Dallas County,
Texas and being a portion of that certain tract of land as
described in deed from Good Financial Corporation to M. Douglas
Adkins, Trustee, as recorded in Volume 76188, Page 2355 in the
Deed records of Dallas county, Texas (D.R.D.C.T.) and being
more particularly described as follows:
COMMENCING at the northwest corner of a tract of land deeded
to Ruth Perkins as recorded in Volume 69241, Page 459 of the
D.R.D.C.T., said point also being on the centerline of Heartz
Road (a 60 foot right-of-way) as recorded in Volume 90181, Page
3061 in the Plat Records of Dallas County, Texas; Thence N.
01"23'26" W., 545.00' along said centerline of Heartz Road;
Thence N. 88"36'34" E., 30.00' to a point on the east line of
Heartz Road, said point also being the POINT OF BEGINNING;
THENCE N. 88"36'34" E., 30.00 leaving said east line of
Heartz Road to a point for corner;
THENCE N. 01"23'26" W., 110.00' to a point for corner;
THENCE S. 88"36"34" W. 30.00' to a point for corner, said
point also being on said east line of Heartz Road;
THENCE S. 01"23'26" E., 110.00' along said east line of
Heartz .Road to the POINT OF BEGINNING and containing 3300 square
feet of land.
92125
EXHIBIT B -~
DAN M. DOWDEY & ASSOCIATES
16250 DALLAS PKWY. DALLAS.TEXAS
SUITE I00 (214) 931-0694 75248
92125 !~.S55