Castlebury-ES 990427SAND"~'~"-AKE ROAD SUBSTATION
DEE! JR - 4434
STATE OF TEXAS
COUNTY OF DALLAS
EASEMENT AND RIGHT OF WAY
~/E7/99 1537E74 ~.1· O0
KNOW ALL MEN BY THE,~OpRESENTS:
That TEXAS UTILITIES ELECTRIC COMPANY, a Texas Corporation, hereinafter
termed Grantor, for and in consideration of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable consideration to it in hand paid by the CITY OF COPPELL, has
granted, sold and conveyed and these presents does hereby grant unto The City of
Coppell, a municipal corporation, its successors and assigns, hereinafter referred to as
Grantee, a nonexclusive easement or right of way for the construction of an alley right-of-
way, hereinafter referred to as Grantee's Facilities, in, under, over and across the following
described property:
On Exhibit "A," attached hereto and made a part hereof for all intent and
purposes.
1. Construction of Grantee's Facilities. This easement and right of way,
together with all rights and privileges hereby granted, may be used by Grantee, its
successors and assigns, for the location, construction, reconstruction, relocation, alteration,
maintenance, inspection, operation and removal of its facilities; and Grantee, at all times,
shall have the right of ingress and egress over and above the described property to and
from said right of way. There is also granted to Grantee, its successors and assigns, a
nonexclusive easement to use only so much of Grantor's remaining land, during temporary
periods, as may be necessary for the construction and maintenance of said facilities. Such
use shall not interfere with Grantor's use of such property in the operation of its business
and Grantee shall properly maintain such property during construction and at the
conclusion of such construction remove all construction debris and other materials from
such property and restore such property to the same condition it was in prior to the
commencement of Grantee's construction thereon or in proximity thereto. Grantee, its
agents or employees shall not use, cause or permit to be used any overhead lift or boom-
type equipment, including but not limited to draglines, backhoes, cranes and industrial
waste vehicles, within 15.0 feet of any of Grantor's overhead electric conductors. Grantee
~ TRUE AND ~ORRBCT'~
EASEMENT AGREEMENT f~,~'~ COPY 0¢ C;RIG~HAL ~.
~'~/Fl'LEI) IN DALU~S ~
· ~ COUNTY C'LERK'S_O. FEICE
99081 000Z
shall contact the Supervisor of Dallas Region Transmission at 721-6281 at least two (2)
working days prior to commencing any work on Grantor's property.
2. Liability for Damages. Grantor shall not be liable to Grantee for any damage
to said easement or Grantee's facilities or other contents thereof, except when caused by
the willful misconduct of Grantor, its agents, servants or employees. 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 solely for the benefit of the parties hereto.
3. Compliance with Laws. Grantee shall, at its own cost and expense, comply
with all applicable laws, rules, regulations, and orders issued by any governmental
authority relating to Grantee's installation, operation and maintenance of said facilities.
Grantee agrees to be responsible for and indemnify and hold Grantor harmless from and
against any and all claims, demands, penalties, fines, liabilities (including attorney's fees)
incurred relating to any violation or alleged violation of such laws, rules, regulations or
orders resulting from Grantee's acts or omissions, as well as for any and all damages or
expenses incurred as a result of Grantee's installation, operation, or maintenance of said
facilities on Grantor's hereinabove described property.
4. Termination of Easement. This easement shall continue only so long as
Grantee shall use this easement for the purpose herein described and the same shall
immediately lapse and terminate upon cessation of such use. Upon termination of this
easement or right of way for any reason, Grantee shall restore the property hereinabove
described to 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.
5. Easement Subject to Lien Mortgage. Texas Utilities Electric Company
Mortgage and Deed of Trust, dated as of December 1, 1983, as supplemented, between
the Company and The Bank of New York.
6. Nonwaiver of Franchise. This easement is granted subject to the terms,
conditions and provisions of Grantor's franchise with the City of Coppell, Texas. In no
event, shall the terms, conditions and provisions herein contained alter, modify, amend or
revoke any of the terms, conditions and provisions of the franchise.
EASEMENT AGREEMENT
. "TRUE AND ~-hORRBCT
COPY Of' ORIGINAL.
FH. ED IN .i~LLAS ..... ~'
. CO1.JNTY CLERK~ OFF1CE
99081
OO027
Page 2
7. Location of Grantee's Facilities. Grantee shall locate its facilities within the
easement so as not to interfere with any of Grantor's facilities. Grantee shall reimburse
Grantor for any and all costs and expenses incurred by Grantor for any relocation or
alteration of its property or facilities located on or near the easement that Grantor, in its
reasonable discretion, determines are subject to physical interference from Grantee's
facilities or from the exercise by Grantee of any of its rights hereunder.
8. Relief from Assessments. A part of the consideration of this easement and
a condition hereof is the assumption and agreement of the Grantee to relieve Grantor from
any and all costs of opening, grading, paving and construction of any street, alley, curb,
gutter, sidewalk or other improvements or construction on the right of way herein conveyed
in connection with the present projected improvement or any such improvements made
subsequent to this grant. The acceptance of this easement 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.
9. Use of Easement. Grantor shall not (without the prior written consent of
Grantee) construct or place within the above described right of way any building, fence,
tree, shrub, or any other structure, improvement or growth which may endanger or in any
way interfere with the construction, efficiency or convenient operation and maintenance of
said facilities, and Grantee shall, at all times, after notice to, and consultation with, Grantor
(as may be reasonable under the circumstances) have the right to remove and keep
removed, all or parts of any building, fence, tree, shrub, or other structure, improvement
of growth of any character which, in the reasonable judgment of Grantee, may endanger
or in anyway interfere with the construction, efficiency or convenient operation and
maintenance of said facilities.
1 1. Headings. Headings used in this instrument are for the convenience of the
parties only and shall not be considered in construing any provision hereof.
TO HAVE AND TO HOLD the above described easement and rights unto the City
of Coppell, Texas, its successors and assigns, for the purposes aforesaid and upon the
conditions herein stated until the facilities covered by this easement be abandoned for use
by the City of Coppell, Texas, 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
': .,~.~,.-->, TRUE AND CORRECT_.NAt. ~**, '~
o.9 0 8 I 0 0 0 2 8
them shall be construed as a waiver of the enforcement of such condition.
AND it hereby binds itself, its successors, legal representatives and assigns, to
WARRANT AND FOREVER DEFEND all and singular the above described easement and
rights unto the City of Coppell, Texas, 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.,/~_~__ ~/~... ~~~rv/~?
EXECUTED as of this --.--- u,,:y of__ ,1999.
GRANTOR
ATTEST
City Secretary
TEXAS UT~/IES ELE( COMPANY
Attorney In Fact
APPROVED AS TO FORM:
CITY ATTORNEY
By: /~/~
City Attorney
GRANTEE
CITY OF COP~ELL
CITY M/A~/GE R
By ~Manager
TRUE AND CORRECT
FH. ED IN uALLAS""
CC'rUNTY CLERK,S OFFIC.,E
EASEMENT AGREEMENT Page 4
99081 00029
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared W. KYLE
RAY, ATTORNEY IN FACT, Texas Utilities Electric Company, 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 deed of the said Texas Utilities Electric
Company, for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
_~J ~ I , A.D. 1999.
c:~ ~ c,,~ day of
Notary Public in and for the State of Texas ""
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared
-_'~-t ~ [_~.3 ~ ~ , ~ity Manager of the CITY OF COPPELL,
TEXAS, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she 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
c~ ~, day of
, A.D. 1999.
Notary ~9ubli; in and for ti~S eias
EASEMENT AGREEMENT~ , ·
TRUE kND CORRECT
00030
PIge 5
EXHIBIT A
I
TEXAS POllER AND LIGHT CONPANY
VOL. 84002. PG. 751~, D.R.D.C.T.
b 88 '35'20"
R--,40.00'
L=6 J.. 85'
T,=39.03'
CB-N 4,4 '23'07"
CH-55.87'
ALLEY
RIGHT-OF-WAY
~524 SQ. FT.
88 '40',46"
39.03'
POINT OF
BEGINNING
CML ENGINEER8 -- PLANNER8 - 81.1RVEYOR8
Me=o (e17) 42e*~73
TRUE AND
OOPY OP ORIGINAL
FEED iN DALLAS
COUNTY CLERK'S OFFICE
PROPOSED
CASTLEBURY
COURT
CARROL AVON 1*AcBRr_DE
AND I"IIFE
CAROL ANN fAcBRIDE
VOL. 780:15. PG. 3609
D.R.D.C.T.
i'tILLOhtOOD NO. 2
VOL. 79095, PG. 746
H.R.D.C.T.
EXISTING 20' ALLEY
Date ~ SEPT., 1998
Job No. = "9842
Drafted ~ T .J .M.
Checked I R .D.H.
I~TY DESCRIPTION
BEING a 324 sc~are foot tract of ]and in the SJbered Henderson Survey, A~strac~ No. 6LXJ, s~tuated ~n U~e C~ty of
Co¢¢e]]..Oa]].as Camry,. Texa~. and being a ~'t~on of tl~t certain ~act conveyed to Texas Power a-z] L~gtYc
Company 0¥ aeea recaraea Jn vol. 8400~, Pg. 75J] of the Deed Recoras of Oallas Camry, Texas EROCTX said
tract being mere particularly described as follow~
a~GsoI .1~ .I~G a.t. a ~/2.' ir.on pin found, at. t~ southeast c _o?a- of said Texas Power and LiglYc Company tract, said pin
~lng t..re.soLJ_tn._~st- c _a~__. o_t. a _tract .convey~ to. uarro] A. 14cBride and wife, Carol A. McBride by deed
recoroee in vo~. /uultx Pg. JbU~ UHUU/, saio pin aJso oeing on the narth ]Jre of an existing' alley
T~ENCE S 88840'46" N along the south ]ire of said Texas Power and Light Company tract and the north ]ire of
said 20 foot alley. 39.03 feet to a t/2' iron pin sat, said iron pin also being_the ~oJnt of cu-vatu'e of a non-tangent
circular cu-ve to the ]eft having a radius of 40.00 feet. a contra] angle of 88'35'20", and a long chad that bears
N 44 23'07" E. 55B7 feet;
T~L:NCE along said circular curve to the ]eft, 6~.B5 feet to a ~/2" iron pin set, said iron pin also being on the east
]ire of said Texas Power and LiglYc Company tract and on the Nest ]ire of said McBride tract;
T~L:NCE S 00~05"27' # along the common ]ire of said Texas Power and Li~t Com¢eny tract and said McBride
tract, 3g.03 feet [o the Point of Beg~ning and containing 324 square feet of ]and.
TRUE ,"~,i ~,..., .~ :.., ,:~.:~ ~ ,?
'.. uCiUI~Ty C'LE'RK"S OFFICE
(~'OOD~I Scale, I' = 40' Sheet ,:
'j~~~ ~ Date' SEPT., 1998.
CML a~e~aams- Pt.~NF.~S- SUm~'YO~S Job No., 9842 of ',
mm a~,~ ar~ su~ ~oo, F~t WamTe=, ~1~ Drafted ~ T .J.M.
Metro (817) 42~4a/3 Checked, R.D.H.
FILED
99 APR 2'/ ~":M I0:20
~ TRUE AND
~ Ft~.ED tN DALLAS
- COtJNTY C'LE~K'S OFFICE
~ S~A~ or m~s t
COU~ OF DA~S J
g In my
custody and pos~on ~led on.the d8t~ s~mped ~e~ I~ I~
~m vmume ~ page ~m~ t~ 1 ~ ~ ~
990[ 00033CI