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ST8805-ES 890306 (2)DEDICATION OF STORM DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § :~ 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 sub3ect 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 an underground storm drainage pipe, headwall, riprap, concrete apron and other necessary drainage improvements (hereinafter called "Storm Drain,,J'), 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 some- times 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, sub3ect 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 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, 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 al/ damages that may be caused by reason of any such sub- sequent entry. Grantor expressly reserves unto itself and its suc- cessors and assigns, the right to use and en3oy the land covered by the Easement Strip for any purposes whatsoever, except insofar as said use and en3oyment unreasonably interfere with the rights hereby granted to Grantee. Grantor specifically reserves, without limitation, the right (l) 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, dri- veways, walks, passageways, landscaping, planting and other like DEDICATION OF STORM DRAINAGE RA~EMENT - Page uses across and along the Easement Strip, (tit) to construct or locate upon or across the Easement Strip fences, signs, pavement and other such items or materials, (iv) to provide public or pri- vate drainage facilities upon and across the Easement Strip, or to tie into or connect Grantor's drainage facilities to the Storm Drain, provided that, in all such cases, Grantee shall not be unreasonably disturbed nor shall there be any unreasonable inter- ference in Grantee's use and enjoyment of the rights hereby granted to Grantee. Ail 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) ar/sing from any and all construction, reconstruction, maintenance, operation, removal and other work performed by Grantee, its agents and employees or its contractors or sub- contractors pursuant to /ts 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 Storm Drain therein installed ceases or when Grantee abandons said Storm Drain. This agreement and ail 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 ~,'~a6('~ , 1989. ABQ DEVELOPMENT CORPORATION ---?'Stan Stric~man, Senior Vice President DEDICATION OF STORM DRAINAGE EASEMENT - Page STATE OF COUNTY OF/~.~ t, I;., § This instrument was acknowledged before me on this ~ day - , ~989, by Stan Strtckman, 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 N[~ Commission Expires 3/7/~{ / / My commission expires: / ~otary Public in and for the State of ~o3 FW~fro Printed name of Notary: CE___~R~IFICATE OF ACCEPTANCE This is to certify that the interest in real property c~yed/ by this Dedication of Storm Drainage Easement dated .... 1989, from ABQ Development Corporation to the Ci~ of Coppell, County of Dallas, State of Texas, has been duly accepted, sub3ect to all terms and conditions by resolution of the City Council adopted ~ne%~erein, 198_~, and the City Council has consented 'to r~cordatton of su6~ Dedication of Storm Drainage Easement by its duly authorized officer. DATED ~? -~-- /d~_, 198~. ATTEST: Dallas Coun~-~.,~'T;;;s~ ~ uoppell ayor, City of ~6ppell Dallas County, ~exas ~EDICATION OF STORM DRAINAGE EASg~N-r _ Page 3 STATE OF TEXAS § COUNTY OF This~strument was acknowledged before me on this of ~j~£ , 198~, by ._ /"'/~J;/f/~' Mayor of~e Ci~ of Coppell, Dallas County, Texas. My commission expires: /..~_ day N6~dry Public in a ~-e State of Texas Printed name of Notary: 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#P5 Storm DEDICATION OF STORM DRAINAGE R~2EN~NT , page 4 LEGAL DESCRIPTION STORM DRAIN EASEMENT 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~ COMMENCING at an iron rod at the most westerly southwest corner of said 109.7022 acre tract, said iron rod also being the northwest corner of future Lot 1, Block A of Coppe11 High School Addition, unrecorded~ THENCE N 85° 50 THENCE N 16° 11 THENCE N 25° 20 THENCE S 76° 12 THENCE S 28° 04 THENCE S 65° 13 THENCE N 85° 50 THENCE S 01° THENCE S 87o 17' 03" W, 1181.25 feet along the south boundary of said 109.7022 acre tract to the POINT OF BEGINNING; THENCE N 01o 32' 03" E, 153.15 feet to a Point~ 25" W, 11.68 feet to a Point; 21" W, 32.28 feet to a Point~ 46" E, 10.51 feet to a Point; 02" E, 58.69 feet to a Point~ 21" W, 25.50 feet to a Point~ 29" W, 14.32 feet to a Point; 25" W, 5.88 feet to a Point~ 32' 03" W, 152.90 feet to a Point in the south boundary of the aforesaid ABQ DEVELOPMENT CORPORATION tract and the north boundary of the aforesaid Coppe11 High School Addition: THENCE N 87° 17' 03" W, 10.00 feet along the south boundary of said ABQ DEVELOPMENT CORPORATION tract to the POINT OF BEGINNING, containing 0.0756 acres (3293 square feet) of land, more or less. ~0. ~'~' TRACT 1 ABC) DEVELOPIVlENT CORPOF~TION VOL 88103, PG. 2326 D. R. D. C. T. >olrlq' OF BEc, lnrllrqG ,5 87'i7'05-E S.A. ~, rrl.&.R.R. SURVEY $)' RBSTRRCT I10. Iq"50 conc~tq[ Al~on ~ s G5°11'2~ aw- 15.32' I18F'~0'25'" W - ESe' % EX. ISTIrlG, 5'T-InCH _ .- R ¢. P 5ToRm DRR~r'I 0.0'75G 0 20 I" ~0' EXHIBIT 8T° IT' 05" E I0.00' STORm DRRIrl E/ISEmEnT S'/-IIICII R.C.P. ~ Itl~IIDWALL 6O OWNER RBQ DEVELOPm[tqT COR?ORR tOIq VOL. 88105, PG, g3g(. ........ ~8$TR,'qCT ~u~n-r o~ comm~ncln~ t~)UTHIMEST CORNER. TRA~T CORPORATIOn _ ._. 'AnUARY 15, 1989 '! ......