ST8805-ES 890306 (4)DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS § ~' t1.00 DEE~
That ABQ Development Corporation, a corporation duly
organized and existing under the laws of the State of New Mexico
("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 /imitations 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 open earthen channels, concrete
lined channels or enclosed underground drainage facilities
(hereinafter called "Drainage System"), 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 al/ 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 con-
dition and repair such Drainage System 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, reconstruction, replacement and/or servicing
of the Drainage System.
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
Drainage System as permitted hereunder, Grantee shall, after each
entry upon said land, leave said land at the same level and con-
dition 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, road-
ways, 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 suc-
cessors and assigns, the right to use and enjoy the land covered
by the Easement Strip for any purposes whatsoever, except insofar
as said use and enjoyment 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 provide public or private drainage facilities
upon and across the Easement Strip, or to tie into or connect
DEDICATION OF STORM. DRAINAGE CHANNEL EASEMENT - Page 1
Grantor's drainage facilities to the Drainage System, 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, c/aims,
damages, costs and expenses (including reasonable attorney's
fees) arising from any and all construction, reconstruction,
maintenance, operation, alteration, relocation, removal and other
work performed by Grantee, its agents and employees or its
contractors or subcontractors pursuant to its rights hereunder,
unless caused solely 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 Drainage System thereon constructed ceases or when
Grantee abandons said Drainage System.
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 ~ro[~ , 1989.
ABQ DEVELOPMENT CORPORATION
Stan" S t r:a ckm~an~,
Senior Vice President
STATE OF ~,m ;~x~¢o §
COUNTY OF ~¢r~&\.~l~ §
This instrument was acknowledged before me on this l,*~ day
of ~¢~ , 1989, by Stan Strickman, Senior Vice
President of ABQ Development, a New Mexico corporation, on behalf
of said corporation.
OFPICIAL SEAL
EDNA PACHECO
NOTARY PUBLIC · STATE OF NEW MEXICO
Notary Bond Filed with Secretary of State
My Commission Expires ~/~
My commission expires:
Notary Public in and for the
State of
Printed name of Notary:
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page 2
g9 !!2 t 279
CERTIFICATE OF ACCEPTANCE
This ts to certify that the interest in real property
conveyed by_~t~is ~dtcation of Storm Drainage Channel Easement
dated ~//m~4~ & , 1989, from ABQ Development Corporation
to the Gity'~ Coppell, Gounty of Dallas, State of Texas, has
been duly accepted, subject to all terms and condttt~n~ contained
therein, by resolutIon of the City Gouncil
198 V' and the City Gouncil has consented to recordation of such
Dedt:ation~ of Storm Drainage Ghannel Easement by its duly
authorized officer.
DATED
Mayor, City of~Coppell
Da/las County Texas
ATTEST:
City Secret~ry, ~[ity of Coppell
Dallas Gourfty, Texas
STATE OF TEXAS §
Th~ment was acknowledged before me on this
Mayor o~the City of Coppell, Dallas County, Texas]
blt tn and for the
State of Texas
My commission expires:
Iq¢o
Printed name of Notary:
day
After Filing Please Return To:
ABQ Development Corporation
c/o James W. Schell
Law, Snakard & Gambill
3200 Texas American Bank Bldg.
Fort Worth, Texas 76102
JWS/bw#95
Channel
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page 3
2'8 0
LEGAL DESCRIPTION
CHANNEL EASEMENT 91
BEING a tract of land located in the S.A. & M.G.R.R. SURVEY,
Abstract No. A-1430, City of Coppe11, Dallas County, Texas and
being a portion of the 109.7022 acre tract of land described as
Tract I conveyed to ABQ DEVELOPMENT CORPORATION by the deed
recorded in Volume 88103, Page 2326 of the Deed Records of Dallas
County, Texas, and being more particularly described by metes and
bounds as follows;
BEGINNING at an iron rod at the north end of the most southerly
west boundary line of said ABQ DEVELOPMENT CORPORATION
tract, said point also being the northeast corner of future
Lot 1, Block A of Coppe11 High School Addition, unrecorded;
THENCE S 88° 37' 59" W, 39.21 feet along the south boundary of
the aforesaid ABQ DEVELOPMENT CORPORATION tract with the
north boundary of the aforesaid Lot 1, Block A, Coppe11 High
School Addition;
THENCE N 02° 35' 57" W, 238.50 feet to a Point;
THENCE N 80° 03' 55" E, 37.74 feet to a Point;
THENCE S 01° 11' 37" E, 216.05 feet to a Point~
THENCE S 16° 40' 27" E, 29.05 feet to the POINT OF BEGINNING
containing 0.1931 acres (841! square feet) of land, more or
less.
EXHIBIT
0
~ own£R
4 ", ABQ DEVELOPfllEI1T COE?ORATIOF1.
~ -. ,~ VOL,. 8810:5, P6,
~~ ~~l CITT OF COPPE~b, ,EXA5
I [ ~1 . D.R.D.C.T. '
p~on I "
~. "~'~ EXHIBIT B
C~PELL
I.
~A~U~K~ lB, 1989 e's'c'