ST8401-ES 850320EASf~IENT OR RI(~T OF ~Y
STATE OF TEXAS ()
()
O0UNTY OF D~r.raS ()
IgqU~/~r.r. M]~ BY %~IESE PRESt~'S:
FILE NO. 31.03-C
That DAr.fAS POWER & LIGHT G~MPANY, a Division of Texas Utilities Company, a
Texas Corporation in Dallas County, Texas, hereinafter referred to as Grantor, for
and in oonsideration of ONE AND NO/100 ($1.00) DOLLARS and other good and valuable
consideration to it cash in hand paid by the City of Carrollton, Texas, has granted,
sold and conveyed and does by these presents grant and oonvey unto the City of
Carrollton, 1002 South Broadway, Carrollton, Texas 75006, a Municipal Corporation
in Dallas County, Texas, hereinafter referred to as Grantee, an easement for the
free and uninterrupted use, liberty and privilege of the passage in, along, upon and
across the following described property:
Lying and situated in Dallas County, Texas, and being a part of
that ~ertain 16.50 acre tract of land in the S.A. &
M.G.R.R.Survey, Abstract No. 1442 conveyed to Dallas Power &
Light Cc~y by J. B. Les!ey, et ux, by a Warranty ~ dated
October 16, 1956, of record in Vol~e 4594, page 302,
Records of Dallas County, Texas, and being more particularly
described by metes and bounds as follows:
Commencing at the point of intersection of the northwest line
of the above described 16.50 acre tract of land with the
southwest right of way line of Sandy Lake l~Dad (an 80 foot
right of way);
Thence S 29" 13' 43" W, along the northwest line of said 16.50
acre tract, 3515.77 feet to a point on a non-tangent curve to
the right whose center bears S 43" 15' 43" W, a distance of
875.00 feet and the POINT OF B~GII~ING;
~ in a southeasterly direction, along said curve to the
right through a central angle of 08" 59' 13", a radius of
875.00 feet and a tangent length of 68.76 feet, an arc distance
of 137.24 feet to a point on the southeast line of said 16.50
'acre tract;
TIIf~]CE S 29" 13' 41" W, along said southeast line, 121.11 feet
to a point on a non-tangent curve to the left whose center
bears S 55" 47' 53" W, a distance of 765.00 feet;
THf2~/E in a northwesterly direction, along said curve to the
left through a central angle of 10" 28' 03", a radius of 765.00
feet and a tangent length of 70.07 feet, an arc distance of
139.76 feet to a point on the northwest line of said 16.50 acre
tract;
~ N 29" 12' 55" E, along said northwest line, 113.90 feet
to the point of beginning.
Grantee, its agents or employees shall not use or cause to be used any overhead
lift or boa~-type equipment, including but not limited to draglines, backhoes and
industrial waste vehicles, within the limits of Grantor's property.
Grantee shall advise Grantor's Maintenance & Construction Division of the
Substation & Transmission Department at 698-7759 at least two working days prior to
o~mencing any work on Grantor's property. ~ ' ~
This easement or right of way is for the purpose of opening, constructing and
maintaining a permanent street crossing in, along, upc~ and across the premises
hereinabove described with the right and privilege at all times of the Grantee
herein, its agents, employees, workmen and representatives, of ingress, egress and
regress in, along, upon and across said premises for the purpose of making
improvements on and repairs to said street crossing or any part thereof.
EXHIBIT "A#
FOR THE FILES OF D.P.&I_ CO.
FILE NO. 31.03-C~
A part of the consideration for this conveyance and a condition thereof is the
assumption and agreement of the Grantee to relieve Grantor from any and all costs of
opening, grading, paving and o~nstruction of any street, alley, curb, gutter,
sidewalk or other improvements or oonstruction on the right of way herein conveyed
in connection with the present projected improvement or any such improvements made
within five (5) years of the date of this grant. The acceptance of this conveyance
by Grantee and the use of the right of way herein conveyed shall evidence the
agreement between Grantor and Grantee as stated in this paragraph, and such
agreement shall be construed as a covenant running with the land.
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 Vol~ne 1223, page 1, ~'cd of Trust R~cords, 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.
TO HAVE AND TO }DID 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 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 omission on the part of them shall be a waiver
of the enforoement of such oondition. ,
EXEO3TED as of this ~ 0+~ day of ~ N~e c~ ,
A.D. 198~.~'
G~ANTOR
DAr.fAS PC~E:R & LIGHT
E. R. HOiO3t~, Vice President
CITY OF CARROLLTON
City Secretary
City Manager
-2-
,~I~OVED- DALLAS POWER & LIGHT coMPANY-"
FILE NO 31.03-C
STATE OF TEXAS : ()
()
O0UNTY OF D r.raS ()
RR~ORE ME, the undersigned authority, on this day personally appeared E. R.
~OLGGMB, Vice President of Dallas Power & Light Company, known to me to be the
person whose name is subscribed to the foregoing instrtm~ent and acknowledged to me
that he executed the same as the act and deed of the said Dallas Power & Light
Company, for the purposes and consideration therein expressed and in the capacity
therein set forth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~l O-~ day of ~ ~,~¢~
., A.D. 1982.5-
My Ommission Expires:
Notary Public in ard for the State of Texas
MARY U KINNAI~
N~ p~llc** Stat~ ~{ Tast~
(Print Name of Notary Public Here)
STATE OF _:CnS ()
()
(/DL OF D r.r. ()
BEFORE ME, the undersigned authority, on this day personally appeared
., City Manager of the City
of Carrollton Texas, known to me 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
d.~-cd of the City of Carrollton for the purposes and consideration therein expressed
and in the capacity therein set forth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, A.D. 1984.
day of
Notary Public in and for the State of Texas
My O m mission Expires:
(Print Name of Notary Public Here)
· 4 '#
-3-
FOR THE FILES OF D.P.&L. CO,