ST8804-ES 920626 (4) DEDICATION OF SANITARY SEWER EASEMENT
DEED 14.00
TOTL
THE STATE OF TEXAS S ~0i 2998 0000000 5023 2:%4PM 6/26/92
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
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,
relocating or removing underground sanitary sewerage lines
(hereinafter called "Sewerage"), and for making connections to such
Sewerage, 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, to 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 Sewerage 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 Sewerage.
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
Sewerage 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,
(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
DEDICATION OF SANITARY SEWER EASEMENT - Page i
9212.5 I, 662
the Easement Strip, provided that, in all such cases, Grantee shall
not be unreasonably disturbed nor shall there be any unreasonable
interference in Grantee's use and enjoyment of the rights hereby
granted to Grantee.
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 way grants 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 Sewerage
therein installed ceases or when Grantee abandons said Sewerage.
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
Grantee's option, by Grantee's contractors, subcontractors, agents
and employees.
IN WITNESS WHEREOF, this instrument is executed this the~
day of_~, 199R.
THE RESOLUTION TRUST CORPORATION, AS
RECEIVER FOR ABQ FEDERAL SAVINGS
BANK
Name
Title
STATE OF COLORADO S
COUNTY OF DENVER S ~~ ~
This ins~trument was acknowledged b/~for.e .m9 o~~ ~ ,
The Res61utlon TrOt Corporation in its 6aPaclty as Receiver for
ABQ Federal Savings Bank.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day
Not~fy Public in ~,~nd ..for
the State of ColOrado
DEDICATION OF SANITARY SEWER EASEMENT - Page 2
92125
CERTIFICATE 0¥ ACCEPTANCE
This is to certify that the interest in real property conveyed
by this Dedication of Sanitary Sewer 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 Sanitary Sewer
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
173110/D
DEDICATION OF SANITARY SEWER EASEMENT - Page 3
92125
EXHIBIT A
SANITARY SEWER EASEMENT
BEING a tract of land situated in the Clarinda Squires
Survey, Abstract No. ]32? 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 ?6]88, 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 6924], 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.
0]°23'26'' W., 2084.]3' 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., 4.00' leaving said east line of
Heartz Road to a point for corner;
THENCE N. 01 ~23'26" W., ]40.20' to a point for corner,
said point also being in the south line of Parkway Boulevard
(an 88 foot right-of-way};
THENCE S. 58~38']2'' W., ]6.54' along said south line of
Parkway Boulevard to a point for corner;
THENCE S. 15~05'37'' W., 36.29' along said east line of
Heartz Road to a point for corner, said point also being the
beginning of a curve to the right having a central angle of
23"58'16'' and a radius of 239.09';
THENCE along said curve and said east line of Heartz Road
100.03' to the POINT OF BEGINNING and containing 1781 square
feet of land.
92125
DAN M. DOWDEY & ASSOCIATES
16250 DALLAS PKWY. DALLAS,TEXAS .~#~.
SUITE I00 (214) 931-0694 75248
92125 L~666
STATE OF TEXAS COUNTY OF DALLAS
JUN 26 ~J~
COUNTY CLERK, Dallas County, Texas