ST8401-ES 860724Y= NO. 22.12 -C
,SZ=_ OF TECAS O
C= ' DALLAS " KNOW ALL MEN BY THESE PRESENTS:
irf OF
That DALLAS POWER & LIGHT CCMPANY, a Division of Texas Utilities Electric
Company, a Texas Corporation in Dallas County, Texas, hereinafter referred to as
Grantor, for and in consideration of ONE AND N31100 ($1.00) DOLLARS and other good
and valuable consideration to it cash in hand paid by the CITY OF COPPELL, 616
Coppell Road, Coppell, Texas 75019, a Municipal Corporation, hereinafter referred
to as Grantee, has granted, sold and conveyed and does by these presents grant and
convey unto Grantee an easement or right of way for the purpose of constructing and
maintaining an open storm water drainage channel in, under and along the following
described property:
Lying and situated in James Parrish Survey, Abstract No.
1139 and the the S. - Thompson Survey, Abstract No. 1493 Dallas
County, Texas, and being a part of that certain 16.50 acre
tract of land conveyed to Dallas Pacer & Light Company by J.B.
Lesley, et ux, by a Warranty Deed dated October 16, 1956, of
record in Volume 4594, page 302, Deed Records of Dallas County,
Texas, and being more particularly describes] by center line as
follows:
BEGINNING at a point on the southeast line of the above 16.50
acre tract of land, said point being located 784.37 feet N 29
13' 41" E along said southeast line, from the northerly right
of way line of the St. Louis & Southwestern Railroad (a 100
foot right of way) ;
THENCE N 48" 23' 26" W, 58.35 feet to a point of curvature of a
curve to the right having a central angle of 47° 00' 00" and a
radius of 100.00 feet;
THENCE in a northerly direction, along said curve to the right,
an arc distance of 82.03 feet to a point of tangency;
THENCE N 01 23 26" W, 16.48 feet to the end at a point on the
northwest line of said 16.50 acre tract.
There is also granted to Grantee, its successors or assigns, the temporary
working space for the construction and maintenance of said channel.
Grantee, its agents or employees shall not use or cause to be used any overhead
lift or boon -type equipment, including but not limited to draglines, backhoes and
industrial waste vehicles, within the limits of Grantor's right of way.
Grantee' shall advise Grantor's Maintenance & Construction Division of the
Substation & Transmission Department at 698 -7759 at least two working days prior to..,�,:
commencing any work on Grantor's right of way.
It is expressly understood and agreed that if the presence or maintenance of
said channel on Grantor's premises as herein authorized shall at any time in the
judgment of Grantor interfere with any use Grantor may desire to make of said
premises or with the safe or convenient operation of its business, Grantee agrees on
thirty (30) days' written notice to relocate said channel if practicable to do so,
or to take whatever steps necessary to render the use of Grantor's premises
satisfactory do the Grantor, said relocation or other work necessary to render said
property usable, satisfactory to Grantor, to be solely at Grantee's expense and to
be done as nearly as practicable in accordance with Grantor's request.
This easement shall continue only so long as Grantee herein shall use this
right of pray for the purpose herein described and the same shall immediately lapse
and terminate upon cessation of such use.
Upon the termination of this easement or 'right of way for any reason, Grantee
shall surrender this easement and the possession of Grantor's property hereinabove
described in the same condition that such property was in at the beginning of the
term of this agreement, ordinary wear and tear for the purpose herein authorized
excepted.
FOR THE FILES OF D.P. &L CO.
rna w. 22a
Grantor shall not be liable for any damagk to said easementot the contents
thereof howsoever such damage shall be caused, whe gene of Grantor,
its agents, servants or employees, except when caused by the wilful acts of Grantor,
its agents, servants or employees.
Grantee shall, at its own cost and expense comply with all applicable laws,
rules regulations, and orders issued by any governmental authority. Grantee agrees
to indemnify and hold harmless Grantor for any claims, demands, penalties, fines or
attorney fees incurred relating to violations or alleged violations of such laws,
rules, regulations or orders. - Further, Grantee agrees to indemnify and hold
harmless Grantor for any damages or expenses incurred as a result of Grantee's
installation, operation or maintenance of said channel on Grantor's above described
property.
Grantor and Grantee each agree that if any claim or liability shall arise from
the joint or concurring negligence of both parties hereto, it shall be borne by them
in proportion to their negligence. It is understood that it is not the intention of
the parties hereto to create liability for the benefit of third parties but that
this agreement shall be for the benefit of the parties hereto.
This grant of right of way is subject to the Lien of Mortgage and Deed of Trust
from Dallas Power & Light Company to The First National Bank of Boston, Successor
Trustee of record in Volume 1223, page 1, Deed of Trust Records, Dallas County,
Texas, and the Lien of Mortgage and Deed of Trust from Texas Utilities Electric
Company to Irving Trust Company, Trustee of record as filed with the Secretary of
State of the State of Texas, file number 83- 281286 and shall not impair the use of
said premises in the operation of the business of Grantor, its successors and
assigns. '
of the enforcement of such condition.
M HAVE AND TO HOLD the above described easement and rights unto the Grantee,
its successors and assigns, for the purposes aforesaid and upon the conditions
herein stated until the same shall be abandoned 0 for use by the Grantee for the
purpose herein stated, then and thereupon this conveyance shall be null and void and
the use of said land and premises shall absolutely revert to Grantor herein, its
successors and assigns, and no act or cmission on the part of them shall be a waiver
AND Grantor does hereby bind itself, its successors and assigns, to warrant and
forever defend all and singular the above described easement and rights unto the
Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor but
not otherwise.
Fot as of this day of
A.D. 1986.
I -APPROVED • DALLAS POWER & LIGHT COMPANY — 1
Legality and E&[m:
Engineering&
ATTEST:
- By:
city Secretary City
DALLAS POWM & LIGHT CCHPANY
J. . /
i
Holcomb, •
CITY OF COPPELL
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T
TEXAS O
O
CWN1'Y CF DALLAS O
\,
1
' FILE N0. 22.1
BEFORE ME, the undersigned authority, on this day personally appeared E. R.
HDICCM, Vice President of Dallas Power & Light ConQany, known to be to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of the said Dallas Power & Light
CcmpanY, for the purposes and consideration therein expressed and in the capacity
therein stated.
GIMVutpER MY HAND AND SEAL OF OFFICE this o; ¢e;e day of
A.D. 1986.
V
40taryPub c n or State of Texas
(Print Name of Notary Public Here)
My 03mission Expires:
STATE CF TEXAS ( )
COUNTY CF DALLAS ()
BEFORE ME, the undersigned authority, on this day Personally appeared
o Cb City Mayor f to
city ppe , Texas known - to me to be the person whose name subscribed to the
foregoing instrument and acknowledged to me that he executed the same as the act and
deed of the said City of Coppell, for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
it , A.D. 1986.
Notary Public in and for the State of Texas
(Print Name of Notary pub c Here)
My COMission Expires
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