ST8805-ES 890306 DEDICATION OF S6NITAR~ SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN
COUNTY OF DALLAS
BY THESE PRESENTS:
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 Coppe/1, 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 tit/e, either express or implied, a
nonexclusJve easement for the pUrpose of locating, COnstructing,
Placing, repairing, maintaining, rep/acing, relocating or
removing Underground sanitary sewerage lines (hereinafter ca/led
"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,
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
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 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. '
/ts a ent~h°uld it become necessary at any time for
g to enter Upon the Easement Strt for the Grantee or
maintaining, repairing, alt · P
Sewerage as oerm~**~ ~ erlng, relocatin~ ~_~. purposes of
upon said ~[~ %-.=u nereunder, Gran._A _L~,.~u/or removln th
-~= It was in ~r~-- ~ ~u aah= at the same ~i__~'==.each entry
Practicable. __f .~ur_ro such entry to ~h~ ~..~=vez anu condition
produce damkJ2'u.~n,the event that any ~.'~ extpnt reasonably
pavin~ 1~-~ ~u fences, gates, st' -~., ~n~y Should cause -
sal~ land A- - ~-,~=r /mproveme-~ .... --~, urlvewavs
, ur cause or '.~ =nat ma be ' ' '
land or an~ o~ .... ~roduce dama es Y _ situated on
' ~"== ~anas or Grantor, G~n._~° ~h~. surface of said
Grantor any and all damages that may be caused by reason of any
~=e snail Promptly pay to
such subsequent entry.
Grantor expressly reserves unto itself and /ts suc-
cess°rs and assigns, the right to Use and enjoy the land covered
by the Easement strip for any purposes whatsoever,
as said use and en3oyment
exce
hereby granted .. . unreasonably i-*--- ...... pt insofar
with~.-~ .... - '~ urantee ~___i' ---~-~=re w~th the
~ Aim/tat/on ~=_ . . · uz-~n~or 8nec~ .... --~.~
such_other Persons n.._~Don or across t~. ~ .... additional
may ~esire /ii~ .i v_. =,~l=zes and for s,.-~"~--~uemen= St~lp to
veways, wal~. '-~ ex~end roads, Public -~.. murp~ses as Grantor
uses across-~[~m~sageways, landscaptn. °-r.~f~ate S~reets, drt-
.... =,,- ocrzp fences, signs, Pavemen~
DEDICATION OF SANITARY SEWER EASEMENT - Page
and other SUch items or materials· (iv) to PrOVide public or pri-
vate drainage facilities Upon and aCross the Easement
Vided that, in all Such Cases,
Strip, pro-
disturbed nor shall there be %rante~ shallbnOt be unreasonably
Grantee,s use and en3oyment o~ YthUen
Grantee. erference in
r granted to
Ail Persons entering Upon the Easement Strip Under this
grant shall confine themselves to the Operations and pUrposes
contemplated herein,
Permitted by Granteeandi~ trespassing or other uses shall be
· ' 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 .11 constructio~rj.construction,
maintenance, operation, removal and other Performed by
Grantee, its agents and employees or its contractors or sub-
contractors 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 Sewerage therein installed ceases or when Grantee aban-
dons 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 opt/on, by Grantee,s contractors, SUbcontractors,
agents and employees.
-------_ IN WITNESS WHEREOF, this instrument is executed this the
~'~ day of ~ _, lgsg.
ABQ DEVELOPMENT CORPORATION
Stan S~' ,-.~..-.- c .......
~r/ckman,
Senior Vice Pres/dent
'My commission expires:
This instrument was
~ ~ acknowledged before
rresldent .... , 1989, b
of sai~ --~ AB? Development, a ,, .... L S~an Strickman,
~ uurporation. ,,=w ~exlco cor~o--~- ~- race
~ ~-~aon, on behalf
£DNA RACHSCO
Notary Bored Flied wit~ Secretary of State
~YCommission£xpiras~_//~//f/ Notary Public in and for the -
State of _~
Printed name of Notary:
DEDICATION OF SANITARy SEWER EASEMENT _
Page 2
CERTIFICATE OF ACCEPTANCE
This i! to certify that the ~nteres
co~v~ye~ by thas Dedica~ t i- -
~, 1989, ~m ~ %anitary Sewer nE~enPtr°~erty
2~if_~_u°PPell, Count,, ~ - - q evelopment Ocr---'- - aated
~fc~te~,. subject to a~l~_f~llas% State of Texas"~atl~n to the
~ resolution of the · ~rms an~ condition , nas Peen duly
198_~, and the Sit,, ~.~y.~ou~nctl adopted ~.?n~ained therein,
z ~uunclz nas
Dedication of Sanitary Sewe~ gasemen~=U
office~, by its duly authorized
ATTEST:
STATE OF TEXAS
COUNTY OF ~§
of This ~n~.~ment wa,s acknowledged before me o
- ~uun~y, Texas.
My commission expires:
After F~ling Please Return To:
ABQ Development Corporation
c/o James W. Schell
Law, Snakard & Gambill
M200 Texas American Bank Bldg.
Fort Worth, Texas 76102
State of Texas
Printed name of Notary:
JWS/bw#g5
Easement
DEDICATION OF SANITARY SEWER EASEMENT - Page 3
LEGAL DESCRIPTION
SANITARY SEWER EASEMENT
BEING a tract of land located in the S.A. & M.G.R.R. SURVEY,
Abstract No. A-1430, City of Coppell, Dallas County, Texas and
being a portion of the 109.7022 acre tract of land described as
Tract 1 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 north end of the most southerly
west boundary line of said 109.7022 acre tract, said iron rod
also being the northeast corner of future Lot 1, Block A of
Coppell High School Addition, unrecorded;
THENCE S 88o 37' 59" W, 39.21 feet along said boundary of the
aforesaid ABQ DEVELOPMENT CORPORATION tract with the north
boundary of the aforesaid Lot 1, Block A, Coppell High
School Addition to the POINT OF BEGINNING;
THENCE S 88o 37' 59" W, 15.00 feet continuing along said boundary
- to a Point;
THENCE N 02o 35' 57" W, 204.79 feet to a Point;
THENCE N 83° 20' 22" E, 8.08 feet to a Point;
THENCE N 87o 10' 48" E, 6.94 feet to a Point;
THENCE S 02o 35' 57" E, 205.71 feet to the
containing 0.0707
less.
POINT OF BEGINNING,
acres (3081 square feet) of land, more or
EXHIBIT
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I UOL. '75 I¢~,, PG. 137~.
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EXHIBIT
.SAil ITRI~¥ 5EWER £ASIE~EFTT'
IP_." GF..t~/£R LIn£
c~n£K
4BQ DE VEL 0PI'rlEFIT C01~F'01~A'I'IOFI
VOb. S8103, P6, E526
15'
Ld
0
Off 0'7 AC.
§.A ,~ m.61~.R. 'SURVEY
ABSTgACT n, 15o. DALLAS COUnlY, T£XA5
CITY OF COPPELI.,,
POIIq'T OF I~EGInnlI"IG
POIrlT OF CortlmEFl£11qG
IqOKTHEAGT co~r)ER
COPPELL 1.$. D. TRA~.'I'