ST9902-ES110125 241100031019
PR REL 1113
I
PARTIAL RELEASE
Re: Release of Property from the lien of the Indenture
pursuant to the Alternative Release Provisions under Section 60 of the Indenture
WHEREAS, Southwestern Associated Telephone Company, referred to herein as the Company,
executed an Indenture dated June 1, 1940, to First National Bank in Dallas, as Trustee, for the purpose of
securing bonds of the Company; and
WHEREAS, on July 28, 1952, the Company changed its name to General Telephone Company of
the Southwest; and, effective January 1, 1988, the Company changed its name to GTE Southwest
Incorporated; and
WHEREAS, effective July 1, 1982, the Trustee changed its name to lnterFirst Bank Dallas, N.A.;
and
WHEREAS, effective June 6, 1987, First RepublicBank Dallas, N.A. (successor by merger to
lnterFirst Bank Dallas, N.A.) became Trustee; and
WHEREAS, effective August 1, 1988, Trustee became NCNB Texas - Dallas; and
WHEREAS, effective January 1, 1992, Trustee became NationsBank of Texas, N.A.; and
WHEREAS, effective December 4, 1995, The Bank of New York became the Successor Trustee
to NationsBank of Texas, N.A.; and
WHEREAS, effective July 1, 2007, The Bank of New York Mellon became the Successor Trustee
to The Bank of New York; and
WHEREAS, both before and after such changes of names, mergers, and Trustee succession,
said Indenture dated June 1, 1940, has from time to time been supplemented and amended by
Supplemental Indentures executed by the Company to the Trustee; and
WHEREAS, said Indenture dated June 1, 1940, and each of said Supplemental Indentures have
been filed for record in the appropriate office, and reference is here made for all purposes to the Indenture
and to each of such Supplemental Indentures and to the record of all of such instruments; and
WHEREAS, the Company has requested the Trustee to release the lien of such Indenture, as so
supplemented, insofar as it covers the property hereinafter described, and has complied with the
applicable provisions of Article X of the Indenture, as so supplemented, necessary to obtain such release.
NOW, THEREFORE, in consideration of the premises, The Bank of New York Mellon, Successor
Trustee to The Bank of New York, of the city, county and state of New York, as Trustee under such
Indenture, as so supplemented, hereby releases and discharges from the lien thereof the certain property
located at 197 W. Sandy Lake Road, Coppell, Dallas County, Texas, and 201 W. Sandy Lake Road,
Coppell, Dallas County, Texas, as more fully described in Exhibits A and B, respectively, attached
hereto.
This instrument is a partial release only and shall not discharge, release or impair the lien of said
Indenture, as so supplemented, as against any property covered by said Indenture, as so supplemented,
other than that specifically above described as being hereby released.
DM_NY- #166047 -v 1 -GTES W_alternative _ re1- 2010- 02- Dallas_Coun_- _Coppell. DOC
EXECUTED, sealed and attested by the dyly authorized officers of The Bank of New York Mellon,
Trustee as aforesaid, this I day of j) Q C %'h�x�' , 2010.
THE BANK OF NEW YORK MELLON
Trustee
Corporate Seal B : J n�� / P Y
Thoma' Provenzano
Vice President
ATTEST:
Raymond O'Neil
Senior Associate
STATE OF PENNSYLVANIA )
)ss.:
COUNTY OF ALLEGHENY )
On the 1 day of egc e. we c in the year 2010, before me, the undersigned, personally appeared
Thomas Provenzano and Raymond O'Neil, personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their capacities, and that by their signatures on the
instrument, the individuals, or person upon behalf of which the individuals acted, executed the instrument.
yy Notary Public, Allegheny Co., PA
My commission expires: 4pr /- ZO
NOTARIAL SEAL
ROBERT WESNER
Notary Public
PITTSBURGH CITY, ALLEGHENY COUNTY
My Commission Expires Apr 15, 2014
DM_NY- #166047 -v 1- GTESW_alternative _ rel- 2010- 02- Dallas_Coun_- _Coppell. DOC
EXHIBIT A
Sale Property: Portion of 197 W. Sandy Lake Road, Coppell, Dallas County, Texas
DM_NY- #166047 -v 1 -GTE S W_alternative_re1- 2010- 02- Dalias_Coun_- _Coppell. DOC
Being 402 square feet of land situated within the James W. Anderson Survey, Abstract
No. 18, and being a portion of a tract of land ‘tescnbed to General Telephone
i;ornpany Of The Southwest by deed recorded in Volurne 71011, Page 1961, feed
Records, Dallas County, Texas, and being more particularly described by metes and
hounds as follows:
COMMENCING from ;1 PK nail found for the northwest corner of a tract of land
lescnbed to H.T. Ardinger, JR. by deed recorded in Volume 80024, Page 676, Deed
Records, Dallas County, Texas, same being on the east line of said General
Telephone tract, and on the south right -of -way line of Sandy Lake Road (a variable
Width right -of -way);
THENCE North 00 ° 22'53" West, with the east line of said General Telephone tract, a
, iistance 15.11 feet to a 5/8 inch capped iron rod stamped "TNP" set for the POINT OF
BEGINNING;
THENCE North 83 °49'49" West, over and across said General Telephone tract, a
distance of 84.20 feet to a 5/8 inch capped iron rod stamped "TNP" set on the north
line of same, and on the south right -of -way line of said Sandy Lake Road;
THENCE North 89 ° 37'07" East, with the north line of said General Telephone tract and
•;aid south right -of -way line, a distance of 83.65 feet to the northeast corner of same;
THENCE South 00 ° 22'53" East, with said east line, a distance of 9.61 feet to the
POINT OF BEGINNING and containing 402 square feet of land, more or Tess.
Revised: November 13, 2008
Date: November 4, 2008
Ri y Gentry, R.P.L. .
Texas Registration No. 5519
" 0 F TF
�` G \ST E;;-
O7
Bearings are based on the Texas h t
State Plane Coordinate System, ` Rion L GENTRY
North Central Zone (NAD83) 4. 5519 y •
I ntegral parts of this survey: +7 •.. s { o
a. Legal Description suRVE
b. Sketch
Sheet 1 of 2
_______ , __ _______. _____ . . _______________________ _l______.
I
LOT 2 —A
W
1O I I
r
Z Mc I I
Ao BLOCK C
LOT 3
SHADYDALE ACRES I CONNELL SK GGS ADDITION
2 t4 VOL. 81141, PG. 3473 VOL. 88006, PG. 5896
P.R.D.C.T. P.R.D.C.T.
i
LOT 2 -8 I
LOT 2 —C
I I
I I
S AJVDY - ---_ _ — — — — — — —� _ LAKE (VARIABLE WIDTH ROAD ---_ _ _ -_
OF -WAY) 0.01 ACRE
- - _ 402 SQ. FEET
RIGHT -OF -WAY S00'22'53 "E
EASEMENT 83.65' 9.61'
r-- N89'37'07 “E POINT OF
N8,3•49. BEGINNING
OR• O IREC M O NAL 4 17.07 E.
C ONTROL)
15.11' — e
GENERAL TELEPHONE COMPANY I
OF THE SOUTHWEST GENERAL TELEPHONE COMPANY POINT OF
VOL 82021, PG. 1087 OF THE SOUTHWEST COMA4ENCING
D.R.D.C.T. VOL 71011, PG. 1981
D.R.D.C.T.
197 W SANDY LAKE RD.
f I
H.T. ARDINGER, JR.
VOL. 80024, PG. 676
NOTES: _A' .' D.R.D.C.T.
1. Bearings are baud on the Texas
State Plane Coordinate System,
North Central Zone (NAD8.3).
2. Integral ports of this survey.
a. Legal Description
b. Sketch
3. All corners ore 5/8 inch copped i
iron rods stamped "NW unless
otherwise noted 0 30 60 120
4, Owners Home and address shown 0/111111.
are based on Dallas Central 402 S
Appraisal District information only SCALE: 1" = ti0' SQ. FEET
RIGHT OF -IPAY I
-� ' , o i EASEMENT
�R l GENTRY, R.P.L.. ; / r7 ir o ` f o ' t + t Situated in the
tXAS REGISTRATION N0. 5519 : James W. Anderson Survey
RICKY ` ` .. .. .. . y .. Abstract No. 18
NOVEMBER 4, 2008 't• 5519 r
DATE: (;!O� City of Coppel
�� ' "'•' "' E y ° Dallas County, Texas
REVISED NOVEMBER 13, 2008 � � , SURN
I I JOB NO. CPI. 00243
TEAGI/ENALL AND PERKINS '
/ J I Civil Engineering 1 Surveying j Landscape Architecture 1 Planning
J J ,„,c. 1100 Macon Street Fort Worth, TX 76102
RI; ,F ∎,1 ,- PI a':'a3'c I& EA' - EMENTS ROw_J'C. •v1 (817) 336-5773
_. CNFFT 9 rY / II
Being o.098 of an acre of land situated within the James W. Anderson Survey,
Abstract No. 18, and being a portion of a tract of land described to General Telephone
Company Of The Southwest by deed recorded in Volume 71011, Page 1961, Deed
Records, Dallas County, Texas, and being more particularly described by metes and
hounds as follows:
BEGINNING at a point in the east line of said General Telephone Company tract, from
winch a PK nail found for the northwest corner of a tract of land described to H.T.
Ardinger, JR. by deed recorded in Volume 80024, Page 676, Deed Records, Dallas
County, Texas, bears North 00 °22'53" West at 3.36 feet;
THENCE North 83 "49'49" West, over and across said General Telephone tract, a
, Distance of 81.02 feet to the beginning of a curve to the right;
THENCE northwesterly with said curve to the right having a radius of 619.64 feet, a
central angle of 11'37'20", an arc length of 125.69 feet and a chord bearing of North
8426'25" West at 125.48 feet to the west line of same;
THENCE North 00 ° 19'34" West with said west line of said General Telephone
Company tract a distance of 11.72 feet to the south right -of -way line of Sandy Lake
Road;
THENCE North 89 °37'07" East, with said south right -of -way line, a distance of 121.66
feet;
THENCE South 83 °49'49" East, leaving said south right -of -way line, a distance of
34.20 feet to said east line of said General Telephone Company tract;
THENCE South 00 °22'53" East with said east line a distance of 18.47 feet to the
POINT OF BEGINNING and containing 0.098 of an acre of land, more or less.
1 Date: November 12, 2009
Rio((y L..Gentry, R.P.L.S./
Texas Registration No. 5519
CE OF•'
' , I d' 1 5 T E es0%.
Bearings are based on the Texas * .'
State Plane Coordinate System, RICKY L m,rnr ,
North Central Zone (NAD83) i.. 5519
'or Qt.'
Integral parts of this survey: 9ti� Su RV
a. Legal Description
b. Sketch
Sheet 1 of 2
I I
I I
LOT 2 -A
44 C
■
I I I
E / ,� _ _
1 ii
2
G BLOCK C LOT 3
!+ ; 1 ';HADYDALE ACRES I CONNELL SKAGGS ADDITION
i I VOL. 81141, PG. 3473 VOL. 88006, PG. 5896
P.R.D.C.T. P.R.D.C.T.
1
LOT 2-8 I
1 LOT 2 -C
1
I I
I I
(VARIIAAB D wor� T RO wD) - _ - _ _ �� - -
0.098 ACRE OR
_ 4,284 SQ. I�'�..1'
_ TRAIL EASEMENT S83'49'49" E
84.20' S00' "E j
121.66' 18.47
9'34 "W� _ _ - _ N89'37'07 "E
N00'1
1 1 9' 3 _ (LINE FOR DI
R = 61 9 64 — + PK NAIL 5 "E 41 7 . ��NTROL)
—
L= 125 N8 09 ' OF _ '/� - - — s-
GENERAL TELEPHONE COMPANY I 81.02
OF THE SOUTHWEST I GENERAL TELEPHONE COMPANY BEGINNING
VOL. 82021, PG. 1087 OF THE SOUTHWEST u
D.R.D.C.T. VOL 71011, PG. 1961
D.R.D.C.T.
197 W SANDY LAKE RD. I
I
I
,w \' H.T. ARDINGER, JR.
VOL 80024, PG. 676
:` D.R.D.C.T.
1. I
NOTES:
1. Bearings are based on the Texas
State Plone Coordinate System,
North Central Zone (NAD83).
2. integral ports of this survey. 0 30 60 120
a. Legal Description Ii".11 1
b. Sketch
SCALE: 1" = 60' 0.098 ACRE
TRAIL EASEMENT
/ ' I r ,- o Situated in the
' .- j %, ' r �,� , n 0,5TEgrF j James W. Anderson Survey /
RICKY L. TRY, R.P. L.S. i /4......;1.4 * 'o•'•?n Abstract No. 18
M� N 1 Wy City of Coppel j TEXAS RTRATION NO. 5519
NOVEMBER 12, 2009 \ \ v 4 5519 v j
� .,q a� a + e Dallas County, Texas
DATE: '� SURN
JOB NO. CPL 00243
1FAGt1E'NALL AND PERKINS
Civil Engineering 1 Surveying I Landscape Architecture j Planning
j %NC. 1100 Macon Street, Fort Worth, TX 76102 i
L. PRO,EC- ^.CPLJu243\ cad \survey,EASEMEN'S \ESMT_STC iwg (817) 336 - 5773
SHEET 2 OF 2
EXHIBIT B
Sale Property: Portion of 201 W. Sandy Lake Road, Coppell, Dallas County, Texas
DM_NY- #166047 -v 1 -GTES W_alternative_rel- 2010- 02- Dallas_Coun_- _Coppell. DOC
Being a 0.056 of an acre tract of land situated within the James W. Anderson Survey,
Abstract No. 18, and being a portion of a tract of land described to General telephone
Company of the Southwest by deed recorded in Volume 82021, Page 1087, Deed
Records, Dallas County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a 3/8 inch iron rod found for the northwest corner of said Telephone
'ract, ,Ind being on the south right -of -way line of Sandy Lake Road (a variable width
right -of -way), same being the beginning of a curve to the right, having a radius of
3, 787 82 feet, and a chord that bears South 85 "03'37" East, 150.57 feet;
THENCE along said curve to the right, with said right -of -way line, an arc length of
1 50.58 feet to a point for the northeast corner of same;
THENCE South 00 ° 19'34" East, with the east line of said Telephone tract, a distance
of 17.53 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner from which a
1/2 inch iron rod found for the southeast corner of same bears South 00 °19'34" East,
887.05 feet;
THENCE North 83 ° 49'49" West, over and across said Telephone tract, a distance of
150.94 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner on the west line
of same;
THENCE North 00 °12'00" West, with said west line, a distance of 14.27 feet to the
POINT OF BEGINNING and containing 0.056 of an acre of land, more or less.
11 Revised: November 13, 2008
fa Date: November 4, 2008
R' ky 1 . Gentry, R.P.L .
Texas Registration No. 5519
SE,••
ry sT eT•
,,f*' v * Fo • �
Bearings are based on the Texas " qUply L G 1RY
Sate Plane Coordinate System, ,..•
North Central Zone (NAD83) \ :< 5519 �+ •
0
e
•• ;•,
Integral parts of this survey: ° SuR'
a. Legal Description
b. Sketch
Sheet 1 of 2
,
'
i
LOT 1 -8
LOT 2 -A
ir
1
BLOCK C 1 o
SHADYDALE ACRES ADDITION
' L .__._.__ -. VOL. 928, PG7 2251 -..— _ 1 �
BLOCK C
P.R.D.C.T. u SHADYDALE ACRES
VOL. 81141, PG. 3473
; P.R.D.C.T.
0 30 60 120 w
J J
I 1� 1
c„ SC ALE: 1" - 60' ; 1.
LOT 2 -8 LOT 2 -C
LOT 1 -C
-_______) R= 3787.82'
L= 150.58'
N84'52'29'1 100.89' POINT OF CB= S85'03�37 "E __ 1
(LINE FOR DIRECTIONAL CONTROL) BEGINNING CD =150.57
e si SANDY LAKE ROAD
1 (VARIABLE WIDTH RIGHT -OF -WAY)
N00' 12'00 "W . 1 N8 3'49'4 9 " 500' 19'34 "E
14.27' ,, 150 .94'4 ' -- 17.53'
! LOT 21 0.056 ACRE — -- - -
A 'R 2,459 SQ. FT.
4 O ' RIGHT -OF -WAY
= 5 a EASEMENT
� co
I c9 & I ,, °'6 m •
O o 1 m • o I W GENERAL TELEPHONE COMPANY
W " at a e, o: OF THE SOUTHWEST
(J LOT 20 3 i GENERAL TELEPHONE COMPA ^ VOL. 71011, PG. 1961
coo I OF THE SOUTHWEST °' D.R.D.C.T.
VOLUME 82021,PG. 1087 b
D.R.D.C.T. N
201 W. SANDY LAKE RD.
NOTES:
1. Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83). ,--:t
2. integral parts of this survey: �o/
a. Legal Description
b. Sketch
3. Owners name & address shown are
based on Dallas Central Appraisal 0.056 ACRE
District information only. RIGHT —OF —WAY
1 EASEMENT
) ' '' '' � J , c O F
'/ i� _ � ..f' . Situated in the
REC \Y L G �`r ENTRY, RPS. / 4 ; . * o 7 James W. Anderson Surve
T y A S REGISTRATION N0. 5519 ..A ••n•• I
"°"' G E N1 "' ' »w. 1 Abstract No. 18
NOVEMBER 4. 2008
DATE:
` ' City of Coppell
REVISED NOVEMBER 13, 2008 - SUR y Dallas County, Texas
i_ ! JOB NO. CPL 00243
TEAGUE NALL AND PERKINS
Civil Engineering I Surveying I Landscape Architecture Planning i
/1 1100 Macon Street Fort Wort! TX 76102
_ ■ RC.1LC'C';;PI 0242.' cad' wrv.y\EV:1 MEN it'.HOw -CIS .: "q (817) 336 -5773 SHEET 2 OF 2 j
I
Being a 0.067 of an acre tract of and situated within the James W. Anderson Survey,
Abstract No. 18, ,ind being a portion of a tract of land described to General Telephone
Company of the Southwest by deed recorded in Volume 82021, Page 1087, Deed
Records, Dallas County, texas, and being more particularly described by metes and
hounds as follows:
BEGINNING at a point on the west line of said General Telephone tract, from which a
3/8 inch iron rod found for the northwest corner of same, and being on the south right -
of -way line of Sandy Lake Road (a variable width right -of -way), bears North 00 °12'00"
West at 14.27 feet;
THENCE South 83 °49'49" East, over and across said General Telephone tract, a
tistance 150.94 feet to the east line of same;
THENCE South 00 ° 19'34" East with said east line a distance of 25.69 feet to the
beginning of a curve to the right;
THENCE northwesterly with said curve to the right, having a radius of 619.64 feet, a
central angle of 02 °00'03', an arc length of 21.64 feet and a chord bearing of North
77 °37'43" West at 21.64 feet to the beginning of a curve to the left;
THENCE northwesterly with said curve to the right having a radius of 703.12 feet. a
central angle of 10 °37'58 ", an arc length of 130.48 feet and a chord bearing of North
81'56'41" West at 130.30 feet to west line of same;
THENCE North 00 ° 12'00" West, with said west line, a distance of 19.02 feet to the
POINT OF BEGINNING and containing 0.067 of an acre of land, more or less.
/' ., Date: November 12, 2009
( ffi y L./Gentry, R.P.L.S.
Texas Registration No. 5519
of
/ y �� 0 tg 7 E lf• %+
Bearings are based on the Texas
Sate Plane Coordinate System, plat ocrnxr
North Central Zone (NAD83) i+ 55t9
Integral parts of this survey:
a. Legal Description sua
b. Sketch
Sheet 1 of 2
I
I
,
l.OT 1 -8
L 1
LOT 2 -4
i
.we rs] t
i
10
BLOCK C
, HADYDALE ACRES ADDITION z
• VOL. 328. PO. 2257- .. -2
P.R.D.C.T. ¢ BLOCK C
SHADYDALE ACRES
A o VOL 81141, PG. 3473
}i ; P.R.D.C.T.
0 30 60 120
,CALE: 1" = 660' I
LOT 2 -8
LOT 2 -C
LOT 1 -C
0.087 ACRE
R 2,988 SQ. FT
- -- - _ TRAIL EASEMENT il
N84 100.89' -
(LINE FOR DIRECTIONAL CONTROL)
POINT OF SANDY LAKE ROAD 1
'a. BEGINNING p i e
ty 7 - -_ _. _. __ 1 5O, 94' (VARIABLE WIDTH RIGHT -OF -WAY)
. , _ - -- - ---- 1 83'49' 49 "E _- - - --
N00'12'00 "W �� S00'19'34 "E '
w 19.02' . 25.69'
> -- R= 70 3.12 — -....... - --
LOT 21 L
Cd al ; - 130.4$
d = � R= 61 9,64' o
c 2 Y � „� 1 o
W v m a s , GENERAL TELEPHONE COMPANY I
o Of THE SOUTHWEST
C,5 LOT 20 ill GENERAL TELEPHONE COMPANY ' VOL 71011, PG. 1981
V OF THE SOUTHWEST D.R.D.C.T.
VOLUME 82021,PG. 1087 b
D.R.D.C.T.
201 W. SANDY LAKE RD.
_>
NOTES:
1. Bearings are based on the Texas
State Plane Coordinate System, Al.J
North Central Zone (NADB3).
2. Integral parts of this survey.
o. Legol Description
b. Sketch 0.067 ACRE
TRAIL EASEMENT
/ ,, `? of Situated in the
1 1 .• •i < - •••R + James W. Anderson Survey 1
RICKY L. GENTRY, R P Si / y 4 `* ' o .,. � Abstract No. ) 8
TEXAS REGISTRATION NO. 5519 ,• POCKY L caihY City of Coppell 1
v0V 12, 2009 \ ' ;* 5519 ,:-../ Dallas County, Texas
DATE: 4ti0 ........
SURV
JOB NO. CPL 00243
TE EEA W NALL AND PERKINS
Civil Engineering 1 Surveying ; Landscape Architecture 1 Planning
/rya 1100 Macon Street, Fort Worth, TX 76702
L. cOJECTS' CPLCC243' cao \wr.ey \EA EMENTS\E °MT -;TC -2 "+9 (817) 336— 5773 SHEET 2 OF 21
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXPS
02/07/2011 12:45:25 PM
$60.00
'
t
ai
201100031019
III)!I I II X5:26 I I 201100031020`
h1 ROW 117
CITY OF COPPELL
PERMANENT RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT, GTE Southwest Incorporated, a Delaware corporation, d/b /a Verizon
Southwest, f/k/a General Telephone Company of the Southwest, known herein as
"GRANTOR ", in consideration of the sum of Twelve Thousand Two Hundred Ninety -Five and
No /100 Dollars ($12,295.00) and other good and valuable consideration paid by the City of
Coppell, Texas, a municipal corporation of Dallas County, Texas, receipt of which is hereby
acknowledged, does hereby grant, bargain, and convey to said City ( "GRANTEE "), it successors
and assigns, without covenant or warranty of any kind, a permanent right -of -way and the right to
construct, reconstruct and perpetually maintain a public street and/or drainage facilities and utilities,
together with all necessary appurtenances thereto, and with the right and privilege at any and all
times, to enter said permanent right -of -way, or any part thereof, as is necessary to the proper use of
any other right granted herein, and for the purpose of constructing, reconstructing and maintaining
said public street and/or drainage facilities and utilities, and for making connections therewith, in,
upon and across said permanent right -of -way (the "Permanent Right of Way ").
Said Permanent Right of Way being described in Exhibits "A" and "B" attached hereto and
made a part hereof for all purposes.
The rights described above are granted upon the following terms, covenants and
conditions, each of which Grantee shall perform:
1. Construction, Restoration and Maintenance Obligations. GRANTEE will remove
from the Permanent Right of Way, such fences, buildings and other obstructions as may be found
upon said property. After construction has been completed or after any entry for repairs or
maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the
Permanent Right of Way to its original condition as nearly as practical taking into consideration the
nature of the work being performed. GRANTOR reserves the right to use and maintain the surface
of the Permanent Right of Way for purposes which will not interfere with GRANTEE'S rights
hereby granted, including but not limited to vehicular ingress and egress to and from GRANTOR' S
facilities. GRANTEE agrees that GRANTEE shall be obligated for future maintenance and upkeep
of the public street and other roadway improvements constructed on the Permanent Right of Way,
excluding landscaping.
2. Prior Notice of Construction. GRANTEE shall give GRANTOR at least seven
days' prior written notice before commencing any field work hereunder. Such notice shall be
sent to the following address:
1163741 2 915140 003 62
GTE Southwest Incorporated, d/b /a Verizon Southwest
c/o Jones Lang LaSalle
P.O. Box 152092
MC: E03G62
Irving, Texas 75015
Attention: Verizon Lease Administration
GLC: 5647023
With a copy to:
GTE Southwest Incorporated, d /b /a Verizon Southwest
c/o Verizon Services Operations
15505 Sand Canyon Drive
Building C
Irvine, California 92618
Attention: Tony Wallace, Manager, Real Estate - West Area
3. Right of Inspection. GRANTOR shall have the right, but not the obligation; to
inspect GRANTEE's field work from time to time as such work is underway.
4. Drainage. GRANTEE shall provide and maintain adequate drainage facilities so
there will not be a collecting of run -off waters or surface waters upon or adjacent to the
Permanent Right of Way resulting from the construction, maintenance or operation of the public
street and /or drainage facilities and utilities.
5. No Interference with Grantor's Facilities. GRANTEE shall install, maintain,
operate and repair the public street and /or drainage facilities and utilities so as not to injure or
damages Grantor's facilities.
6. Indemnity. GRANTEE shall indemnify, defend and hold GRANTOR harmless
from and against all loss, cost, damage and expense (including, without limitation, reasonable
attorney's fees and disbursements and the cost of enforcing this indemnity) arising out of (a) the
use of the Permanent Right of Way or the exercise of the rights granted hereunder by GRANTEE
or its agents or contractors and (b) GRANTEE's failure to perform any of its obligations
hereunder.
7. Mechanic's Liens. If any mechanic's lien relating to the public street and /or
drainage facilities and utilities is filed against the Easement land, GRANTEE shall, within 30
days thereafter, cause such lien to be discharged of record, by payment, bonding or otherwise. If
GRANTEE fails to discharge any such lien, GRANTOR may do so at the expense of
GRANTEE.
1163741 2 915140 003 62
8. Compliance with Laws. GRANTEE shall, at its expense, comply with all
applicable federal, state and local laws, rules, regulations and ordinances relating to the public
street and /or drainage facilities and utilities and the exercise of GRANTEE' s rights hereunder.
9. Entire Agreement; Changes. This agreement contains the entire agreement of
the parties with respect to the subject matter hereof This agreement may not be changed or
terminated nor may any of its provisions be waived orally, but only by an agreement signed by
the party against whom enforcement of such change, termination or waiver is sought.
10. Choice of Law. This agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
11. Successors and Assigns. This agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described.
EXECUTED this c day of WlrA R , 2010.
GRANTOR
GTE Southwest Incorporated,
d/b /a Verizon Southw st
By: ti
Name: -E n J aS.1 &ca.
Title: &1`f l F R- C`c *-
d t' l`kaPAnocow
GRANTEE
City of Coppell, Texas
By: 21
Name: � ' / "
Title: ‘/
v
1163 741.2:915140:003 62
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before / me / on the 6p day of
, 20 // , by &'4
4 U Rk CHRISTEL B. PETTINOS
* Notary Public, State of Texas ' `
My Commission i2n Expires
��
�
May 10, 2011
Notary Public, State of Texas
My Commission Expires:
MA y /O, 7o/f
6-42/s7 4. Arri,i
Type / Print Name of Notary
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the q day of Nw
2010, by 'L_ fit- ESann of
GTE Southwest Incorporated, d/b /a Verizon Southwest, a Delaware corporation, on behalf of said
corporation.
Y
o %' ' Cherie K Rudolph-Feasley
d My Commission Expires
\ I 11/14/2013
Notary Public, State of Texas •
My Commission Expires:
l 1- I - V. V etc - tas\c,
Type / Print Name of Notary
1163741.2:915140:00362
EXHIBIT "A"
Being a 0.056 of an acre tract of land situated within the James W. Anderson Survey,
Abstract No. 18, and being a portion of a tract of land described to General Telephone
Company of the Southwest by deed recorded in Volume 82021, Page 1087, Deed
Records, Dallas County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a 3/8 inch iron rod found for the northwest corner of said Telephone
tract, and being on the south right -of -way line of Sandy Lake Road (a variable width
right -of -way), same being the beginning of a curve to the right, having a radius of
3,787.82 feet, and a chord that bears South 85 °03'37" East, 150.57 feet;
THENCE along said curve to the right, with said right -of -way line, an arc length of
150.58 feet to a point for the northeast corner of same;
THENCE South 00 °19'34" East, with the east line of said Telephone tract, a distance
of 17.53 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner from which a
1/2 inch iron rod found for the southeast corner of same bears South 00 °19'34" East,
887.05 feet;
THENCE North 83 °49'49" West, over and across said Telephone tract, a distance of
150.94 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner on the west line
of same;
THENCE North 00 °12'00" West, with said west line, a distance of 14.27 feet to the
POINT OF BEGINNING and containing 0.056 of an acre of land, more or less.
Revised: November 13, 2008
— Date: November 4, 2008
ky . Gentry, R.P.L .
'exas Registration No. 5519
OF
P•��
hie � inn
Bearings are based on the Texas RICKY L. GENTRY
Sate Plane Coordinate System, ••v ,
North Central Zone (NAD83) ;1, 5519 e vi
‹. •• o FE S S yc
Integral parts of this survey: N o SURv".-
a. Legal Description
b. Sketch
Sheet 1 of 2
EXHIBIT "B"
1
LOT 1 -8
LOT 2 -A
a
W 3
BLOCK C
SHADYDALE ACRES ADDITION =
VOL. - 928, PG. 2251 I c2 I BLOCK C
P.R.D.C.T. ______ SHADYDALE ACRES --
= VOL. 81141, PG. 3473
rr' 3 I P.R.D.C.T.
0 30 60 120
111111111 J
m
K
SCALE: 1" = 60'
LOT 2 -B 1 LOT 2 -C
LOT 1 -C
_ � R= 3787.82'
L= 150.58'
CB= S85'03'37 "E ---------
N8452 '29 "E 100.89' POINT OF CD- 150.57'
(LINE FOR DIRECTIONAL CONTROL) BEGINNING
4 SANDY LAKE ROAD
R
i� i 0 (VARIABLE WIDTH RIGHT -OF -WAY)
(s. --'41/4-
\ „ Vi d ; 3 • 1 77
w N83 49 4g W �' S00 19 34 E
N00'12'00 "W �_ 150.94 , 17.53'
14.27' _ __. — _ -- -- ..... --
5-- LOT 2 0.056 ACRE
a I OR 2,459 SQ. FT.
- I RIGHT -OF -WAY
4 o EASEMENT I°
u '( i- .
Of U
a' I — v o a
.._ - o I w GENERAL TELEPHONE COMPANY
O S w0
cc
OF THE SOUTHWEST
W m a • M VOL. 71011, PG. 1961
0 o GENER TEL EPHONE COMPANY
LOT 20 u J O OF THE SOUTHWEST -' D.R.D.C.T.
VOLUME 82021,PG. 1087 b
D.R.D.C.T. a
201 W. SANDY LAKE RD.
NOTES:
1. Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83). -- ?•
2. Integral parts of this survey.
a. Legal Description
b. Sketch
3. Owners name & address shown are 0.056 ACRE
based on Dallas Central Appraisal
District information only. RIGHT -OF -WAY
EASEMENT
0,.... •••••••TF \ Situated in the
fir Y L GENTRY, R.P. S . 4/ U James W. Anderson Survey
T AS REGISTRATION NO 5519 RICKY L GOIIRY Abstract No. 18
NOVEMBER 4. 2008 ..4. 5519 + City of Coppell
DATE: ( - Dallas County, Texas
REVISED NOVEMBER 13, 2008 UR
JOB NO. CPL 00243
TEAGUE NALL AND PERKINS
Civil Engineering 1 Surveying ( Landscape Architecture I Planning
M vC. 1100 Macon Street, Fort Worth, TX 76102
L:\ PROJECTS \CPL00243 \cad \survey \EASEMENTS \ROW- GTC -2.dwg (817) 336-5773 SHEET 2 OF 2
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
02/07/2011 12:45:26 PM
$36.00
/"')
201100031020
III I I I II I I I 201100031021
I I II IIII I I ;�;� PN EASEMENT 118
II IIII �l2411 12
210
SIDEWALK EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT the term Grantor used herein shall be construed in the singular or plural
number as such term respectively represents one or more than one person.
THAT, GTE Southwest Incorporated, a Delaware corporation, d/b /a Verizon
Southwest, f/k/a General Telephone Company of the Southwest, known herein as GRANTOR,
in consideration of the sum of Seven Thousand Four Hundred Sixty -Five and No /100 Dollars
($7,465.00) and other good and valuable consideration in hand paid by the City of Coppell, Texas,
( "GRANTEE "), receipt of which is hereby acknowledged, does by these present grant, bargain, sell
and convey unto GRANTEE, without covenant or warranty of any kind, for so long as the property
shall be used by GRANTEE as a sidewalk as described below, the use, liberty and privilege of
passage in, along, upon and across the following described property owned by GRANTOR (the
"Easement ") for the purpose of constructing and maintaining a public or pedestrian right -of -way
sidewalk (the "Sidewalk ") across GRANTOR'S main tract with the right and privilege at all times,
of the GRANTEE herein, its agents, employees, workmen and representatives having ingress,
egress, and regress in, along, upon and across said premises for the purpose of making additions to,
improvements on and repairs to said sidewalk or any part thereof.
Said Easement being described in Exhibits "A" and "B" attached hereto and made a part
hereof for all purposes.
The rights described above are granted upon the following terms, covenants and
conditions, each of which Grantee shall perform:
1. Construction, Restoration and Maintenance Obligations. GRANTEE will
remove from the Easement, such fences, buildings and other obstructions as may be found upon
said property. After construction of the Sidewalk has been completed, GRANTEE shall, except for
removed obstructions, return the surface area of the Easement to its original condition as nearly as
practical taking into consideration the nature of the work being performed at GRANTEE'S sole
expense. GRANTOR reserves the right to use and maintain the surface of the Easement for
purposes which will not interfere with GRANTEE'S rights hereby granted, including but not limited
to vehicular ingress and egress to and from GRANTOR'S facilities. GRANTEE agrees that upon
completion of the sidewalk improvements, GRANTEE shall be obligated for future maintenance
and upkeep of the Sidewalk.
2. Grant Subordinate to Prior Rights. This Easement is given and accepted
subject to, and is subordinate to, all outstanding liens, encumbrances, conditions, restrictions,
1163536 2:915140:00362
easements, licenses, leases, tenancies, and other matters affecting title to the Easement, whether
or not of record.
3. Use of the Easement By Others. This Easement is nonexclusive and shall be
subject and subordinate to the right of Grantor and other parties to use the Easement and install
other facilities over, under and along the Easement, provided that the use thereof by Grantor and
such third parties shall not materially interfere with Grantee's exercise of the rights granted
herein.
4. Prior Notice of Construction. Grantee shall give Grantor at least seven days'
prior written notice before commencing any field work hereunder. Such notice shall be sent to
the following address:
GTE Southwest Incorporated, d/b /a Verizon Southwest
c/o Jones Lang LaSalle
P.O. Box 152092
MC: E03G62
Irving, Texas 75015
Attention: Verizon Lease Administration
GLC: 5647023
With a copy to:
GTE Southwest Incorporated, d/b /a Verizon Southwest
c/o Verizon Services Operations
15505 Sand Canyon Drive
Building C
Irvine, California 92618
Attention: Tony Wallace, Manager, Real Estate - West Area
5. Right of Inspection. Grantor shall have the right, but not the obligation, to
inspect Grantee's field work from time to time as such work is underway.
6. Drainage. Grantee shall provide and maintain adequate drainage facilities so
there will not be a collecting of run -off waters or surface waters upon or adjacent to the Easement
resulting from the construction, maintenance or operation of the Sidewalk.
7. No Interference with Grantor's Facilities. Grantee shall install, maintain,
operate and repair the Sidewalk so as not to injure or damages Grantor's facilities.
8. Indemnity. Grantee shall indemnify, defend and hold Grantor harmless from and
against all loss, cost, damage and expense (including, without limitation, reasonable attorney's
fees and disbursements and the cost of enforcing this indemnity) arising out of (a) the use of the
Easement or the exercise of the rights granted hereunder by Grantee or its agents or contractors
and (b) Grantee's failure to perform any of its obligations hereunder.
1163536 2.915140-003 62
9. Mechanic's Liens. If any mechanic's lien relating to the Sidewalk is filed against
the Easement land, Grantee shall, within 30 days thereafter, cause such lien to be discharged of
record, by payment, bonding or otherwise. If Grantee fails to discharge any such lien, Grantor
may do so at the expense of Grantee.
10. Compliance with Laws. Grantee shall, at its expense, comply with all applicable
federal, state and local laws, rules, regulations and ordinances relating to the Sidewalk and the
exercise of Grantee's rights hereunder.
11. Termination. This Easement shall terminate if Grantee, its successors and
assigns, shall abandon the Sidewalk. The Sidewalk shall be deemed abandoned in the event that
the rights granted hereunder or the Sidewalk are not used for 36 consecutive months. Upon the
termination of this Easement, Grantee shall be liable for the expense of removing the Sidewalk
from the Land. Upon such termination, Grantor shall determine, in its sole discretion, whether
the Sidewalk shall be removed or abandoned in place.
12. Entire Agreement; Changes. This agreement contains the entire agreement of
the parties with respect to the subject matter hereof This agreement may not be changed or
terminated nor may any of its provisions be waived orally, but only by an agreement signed by
the party against whom enforcement of such change, termination or waiver is sought.
13. Choice of Law. This agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
14. Successors and Assigns. This agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
[signature page following]
1163536.2:915140:00362
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described.
EXECUTED this V ' - day of 1Q Q , 2010.
GRANTOR
GTE Southwest Incorporated,
d/b /a Verizon Southwest
By:
Name: (fl WaLU, Pit CE.
Title: V\ - V&A EC \ l7 zk --C S"
tA,4-MG-arg,4A
GRANTEE
City of Coppell, Texa
By: j
Name: C� t
Title: dr tie
1163536.2:915140:00362
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the SP' day of
/ate , 20n. by �l »%h',6'
- /
" CHRISTEL B. PE TINOS '
* -.1 * Notary Public, State of Texas �� - i i7 !)'
My Commission Expires Notary Public, State of Texas J/
May 10, 2011
My Commission E
MA/ /O Zo // !7/14 /STtL, , ,o7r »hJ'
Type / Print Name of Notary
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
Nc \ , 2010, by - T0 r1 URCL
t r _ v,31. c .,;: of GTE Southwest Incorporated, d/b /a Verizon
1
Southwest, a Delaware corporation, on behalf of said corporation.
./ Cherie K Rudolph- Feasley
a My Commission Expires
�'• P 11/14/2013 \�
Notary Public, State of Texas
My Commission Expires:
- N \. - c - u
Type / Print Name of Notary
1163536.2:915140:00362
EXHIBIT "A"
Being a 0.067 of an acre tract of land situated within the James W. Anderson Survey,
Abstract No. 18, and being a portion of a tract of land described to General Telephone
Company of the Southwest by deed recorded in Volume 82021, Page 1087, Deed
Records, Dallas County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a point on the west line of said General Telephone tract, from which a
3/8 inch iron rod found for the northwest corner of same, and being on the south right -
of -way line of Sandy Lake Road (a variable width right -of -way), bears North 00 °12'00"
West at 14.27 feet;
THENCE South 83 °49'49" East, over and across said General Telephone tract, a
distance 150.94 feet to the east line of same;
THENCE South 00 °19'34" East with said east line a distance of 25.69 feet to the
beginning of a curve to the right;
THENCE northwesterly with said curve to the right, having a radius of 619.64 feet, a
central angle of 02 °00'03 ", an arc length of 21.64 feet and a chord bearing of North
77 °37'43" West at 21.64 feet to the beginning of a curve to the left;
THENCE northwesterly with said curve to the right having a radius of 703.12 feet, a
central angle of 10 ° 37'58 ", an arc length of 130.48 feet and a chord bearing of North
81 °56'41" West at 130.30 feet to west line of same;
THENCE North 00 °12'00" West, with said west line, a distance of 19.02 feet to the
POINT OF BEGINNING and containing 0.067 of an acre of land, more or less.
`-Ri r y L. Gen,
R. P.L.S. Date: November 12, 2009
Texas Registration No. 5519
s
* R Fo 9
Bearings are based on the Texas RICKY L GET TRY
Sate Plane Coordinate System, ,. ,•.•
North Central Zone (NAD83) 5519 ,
Integral parts of this survey: o Su9`1,-
a. Legal Description
b. Sketch
Sheet 1 of 2
EXHIBIT "B"
LOT 1 -B �
LOT 2 -A
B a
iYC 41 i
BLOCK C 1' 01
SHADYDALE ACRES ADDITION I i
VOL. 928, PG 2231 ( BLOCK C
P.R.D.C.T. _ SHADYDALE ACRES --
= VOL 81141, PG. 3473
I i 3 I P.R.D.C.T.
0 30 60 120 (� 1 J
�� rr m
SCALE: 1" = 60' 2
LOT 2 -B
LOT 2 -C
LOT 1 -C
0.067 ACRE
I R 2.986 SQ. FT.
j _ _ /� TRAIL. EASEMENT
N84'52'29 "E 100.89' _L__
'—
(LINE FOR DIRECTIONAL CONTROL)
POINT OF SANDY LAKE ROAD
?--4.,, GINNING a le ` _ 150.94' (VARIABLE WIDTH RIGHT -OF -WAY)
9� -- BE ___ S83 "49' —_
I N00'12'00 "W, i� 49 E -� S00'19'34 "E
19.02 25.69
rz4 . •
R 703.12' ` �!_ _ — -----
a 3 LOT 21 L= 1 30.48'
u.
Z ° I ��; i R= 61 9.64' o
,di = _ a gate L=2 1.64' I m
• U � O, U
fg o a - • 1 I W GENERAL TELEPHONE COMPANY
, 9 J ` OF THE SOUTHWEST cc
C.
W " LOT 20 W J GENERAL TELEPHONE COMPANY '! M, VOL. 71011, PG. 1961
00 OF THE SOUTHWEST 1 T D.R.D.C.T.
VOLUME 82021,PG. 1087 0
D.R.D.C.T. .
201 W. SANDY LAKE RD.
->
NOTES:
,
1. Bearings are based on the Texas saI
,�
State Plane Coordinate System, o�
North Central Zone (NAD83).
2. Integral ports of this survey.
a. Legal Description
b. Sketch 0.067 ACRE
TRAIL EASEMENT
Situated in the
0.— . ���� P� F.r James W. Anderson Survey
RI Y L. • ENTRY, R.P.L. i..AtsTra..f.
ir° T ip \ Abstract No. 18
TEXAS REGISTRATION NO. 5519 RICKY u TRY ) City of Coppell
NOVEMBER 12, 2009 tq 5519 r .r Dallas County, Texas
DATE: \ SUR`
JOB NO. CPL 00243
TEAGUEG NAIL AND PERKINS
Civil Engineering I Surveying I Landscape Architecture I Planning
/NC. 1100 Macon Street, Fort Worth, TX 76102
L. \PROJECTS \CPL00243\ cod sur vey \ EASEMENTS \ ESN T- GTC -2.dwg (817) 336 -5773 SHEET 2 OF 2
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
02/07/2011 12:45:27 PM
$40 00
201100031021
I � IIIIII IIII Pg:g zallaamalaz(
Phi ROW 1/7
CITY OF COPPELL
PERMANENT RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT, GTE Southwest Incorporated, a Delaware corporation, d/b /a Verizon
Southwest, f/k/a General Telephone Company of the Southwest, known herein as
"GRANTOR ", in consideration of the sum of Two Thousand Ten and No /100 Dollars ($2,010.00)
and other good and valuable consideration paid by the City of Coppell, Texas, a municipal
corporation of Dallas County, Texas, receipt of which is hereby acknowledged, does hereby grant,
bargain, and convey to said City ( "GRANTEE "), it successors and assigns, without covenant or
warranty of any kind, a permanent right -of -way and the right to construct, reconstruct and
perpetually maintain a public street and/or drainage facilities and utilities, together with all
necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said
permanent right -of -way, or any part thereof, as is necessary to the proper use of any other right
granted herein, and for the purpose of constructing, reconstructing and maintaining said public
street and/or drainage facilities and utilities, and for making connections therewith, in, upon and
across said permanent right -of -way (the "Permanent Right of Way ").
Said Permanent Right of Way being described in Exhibits "A" and `B" attached hereto and
made a part hereof for all purposes.
The rights described above are granted upon the following terms, covenants and
conditions, each of which Grantee shall perform:
1. Construction, Restoration and Maintenance Obligations. GRANTEE will remove
from the Permanent Right of Way, such fences, buildings and other obstructions as may be found
upon said property. After construction has been completed or after any entry for repairs or
maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the
Permanent Right of Way to its original condition as nearly as practical taking into consideration the
nature of the work being performed. GRANTOR reserves the right to use and maintain the surface
of the Permanent Right of Way for purposes which will not interfere with GRANTEE'S rights
hereby granted, including but not limited to vehicular ingress and egress to and from GRANTOR'S
facilities. GRANTEE agrees that GRANTEE shall be obligated for future maintenance and upkeep
of the public street and other roadway improvements constructed on the Permanent Right of Way,
excluding landscaping.
2. Prior Notice of Construction. GRANTEE shall give GRANTOR at least seven
days' prior written notice before commencing any field work hereunder. Such notice shall be
sent to the following address:
1163768 2 915140: 00362
GTE Southwest Incorporated, d/b /a Verizon Southwest
c/o Jones Lang LaSalle
P.O. Box 152092
MC: E03G62
Irving, Texas 75015
Attention: Verizon Lease Administration
GLC: 8000027
With a copy to:
GTE Southwest Incorporated, d/b /a Verizon Southwest
c/o Verizon Services Operations
15505 Sand Canyon Drive
Building C
Irvine, California 92618
Attention: Tony Wallace, Manager, Real Estate - West Area
3. Right of Inspection. GRANTOR shall have the right, but not the obligation, to
inspect GRANTEE's field work from time to time as such work is underway.
4. Drainage. GRANTEE shall provide and maintain adequate drainage facilities so
there will not be a collecting of run -off waters or surface waters upon or adjacent to the
Permanent Right of Way resulting from the construction, maintenance or operation of the public
street and/or drainage facilities and utilities.
5. No Interference with Grantor's Facilities. GRANTEE shall install, maintain,
operate and repair the public street and/or drainage facilities and utilities so as not to injure or
damages Grantor's facilities.
6. Indemnity. GRANTEE shall indemnify, defend and hold GRANTOR harmless
from and against all loss, cost, damage and expense (including, without limitation, reasonable
attorney's fees and disbursements and the cost of enforcing this indemnity) arising out of (a) the
use of the Permanent Right of Way or the exercise of the rights granted hereunder by GRANTEE
or its agents or contractors and (b) GRANTEE' s failure to perform any of its obligations
hereunder.
7. Mechanic's Liens. If any mechanic's lien relating to the public street and/or
drainage facilities and utilities is filed against the Easement land, GRANTEE shall, within 30
days thereafter, cause such lien to be discharged of record, by payment, bonding or otherwise. If
GRANTEE fails to discharge any such lien, GRANTOR may do so at the expense of
GRANTEE.
1163768.2 915140 003 62
8. Compliance with Laws. GRANTEE shall, at its expense, comply with all
applicable federal, state and local laws, rules, regulations and ordinances relating to the public
street and/or drainage facilities and utilities and the exercise of GRANTEE' s rights hereunder.
9. Entire Agreement; Changes. This agreement contains the entire agreement of
the parties with respect to the subject matter hereof. This agreement may not be changed or
terminated nor may any of its provisions be waived orally, but only by an agreement signed by
the party against whom enforcement of such change, termination or waiver is sought.
10. Choice of Law. This agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
11. Successors and Assigns. This agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described.
EXECUTED this C1 day of N E.r , 2010.
GRANTOR
GTE Southwest Incorporated,
d/b /a Verizon Southwest
,/"
BY: ,
Name: -- G,;n ) came
Title: IA 4�Y� -e��- �i"�� 4r, Ric`i b
GRANTEE
City of Coppell, Texas
By: Z■
�- .i%/ /
Name: /J
L
Title: �jL /�/
1163768.2:915140:00362
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 40 day of
,20/L, 0 »hi 1/qi .r
4
40 RISTEL B. PETTINOS
* ,►� * Notary Public, State of Texas;
fi My Commission Expires
d> 4 �j;, May 10, 2011
Notary Public, State of Texas
My Commission Expires:
Al A f 10 Zo i' of e/x .7EL A / Errs %h r
Type / Print Name of Notary
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 2, day of 00 fivaDEKR.
2010, by r1l h , (}.)Q 9.i3OCE , ka- REfOP�t of
GTE Southwest Incorporated, d/b /a Verizon Southwest, a Delaware corp ti on behalf of said
corporation.
=a', C Rudoph
T/ y My Com K mission l Expires - Feasley
�• '� : 11/14/2013
Notary Public, State of Texas 4
My Commission Expires:
Type / Print Name of Notary
1163768.2:915140:00362
EXHIBIT "A"
Being 402 square feet of land situated within the James W. Anderson Survey, Abstract
No. 18, and being a portion of a tract of land described to General Telephone
Company Of The Southwest by deed recorded in Volume 71011, Page 1961, Deed
Records, Dallas County, Texas, and being more particularly described by metes and
bounds as follows:
COMMENCING from a PK nail found for the northwest corner of a tract of land
described to H.T. Ardinger, JR. by deed recorded in Volume 80024, Page 676, Deed
Records, Dallas County, Texas, same being on the east line of said General
Telephone tract, and on the south right -of -way line of Sandy Lake Road (a variable
width right -of -way);
THENCE North 00 °22'53" West, with the east line of said General Telephone tract, a
distance 15.11 feet to a 5/8 inch capped iron rod stamped "TNP" set for the POINT OF
BEGINNING;
THENCE North 83 °49'49" West, over and across said General Telephone tract, a
distance of 84.20 feet to a 5/8 inch capped iron rod stamped "TNP" set on the north
line of same, and on the south right -of -way line of said Sandy Lake Road;
THENCE North 89 °37'07" East, with the north line of said General Telephone tract and
said south right -of -way line, a distance of 83.65 feet to the northeast corner of same;
THENCE South 00 °22'53" East, with said east line, a distance of 9.61 feet to the
POINT OF BEGINNING and containing 402 square feet of land, more or less.
Revised: November 13, 2008
• Date: November 4, 2008
- i• y L Gentry,
T-xas - egistration No. 5519
■ OF
Q. 4,0;4
Bearings are based on the Texas r .
State Plane Coordinate System, RICKY L GENTRY
North Central Zone (NAD83) < 5519 v
.;PoFE S S� o�rO'
Integral parts of this survey: Ey
a. Legal Description S f
b. Sketch
Sheet 1 of 2
EXHIBIT "B"
I
r LOT 2 —A
a
[T]
x FIB
aE
al BLOCK C LOT 3
>-, 3 I SHADYDALE ACRES 1 CONNELL SKAGGS ADDITION
q w I VOL. 81141, PG. 3473 VOL. 88006, PG. 5896
x a P.R.D.C.T. P.R.D.C.T.
C/) it
a
LOT 2 —B
1 LOT 2 —C
I I
I I
L --
SANDY LAKE ROAD _ 402 SQ. FEET
OF—WAY) 0.01 ACRE
_ _ _
(VARIABLE WI DTH RIGHT—
- - — _ „
RIGHT -OF -WAY S00'22s:6'53
E
EASEMENT 83.65' 9.1
N89'37'07 "E PO O F
1-- BE
N83'49'49" u/ 23 2 s"
84.20 ( LINE FOR DIREC O NA L ONTROL
-F-
_ _ )
1'
GENERAL TELEPHONE COMPANY I 15.1 -re
OI NT m
OF THE SOUTHWEST GENERAL TELEPHONE COMPANY A
VOL. 82021, PG. 1087 I OF THE SOUTHWEST COM1ENCING „
D.R.D.C.T. VOL. 71011, PG. 1961
D.R.D.C.T.
197 W SANDY LAKE RD. I
I
���Y H.T. ARDINGER, JR.
c2;
tiJ VOL. 80024, PG. 676
NOTES: 0 D.R.D.C.T.
v`
tiA
1. Bearings are based on the Texas �L
State Plane Coordinate System, `� ' ,\\
North Central Zone (NAD83). . „ * `D
2. Integral parts of this survey.
a. Legal Description
b. Sketch
3. All corners are 5/8 inch capped
iron rods stomped "TNP” unless 0 30 60 120
otherwise noted
4. Owners name and address shown
are based on Dallas Central SCALE: 1" = 60' 402 SQ. FEET
Appraisal District information only
RIGHT-OF-WAY
, EASEMENT
OF
�
,, p F\
� Situated in the
"1. Y L GENTRY, R.P.L .. 5,- * f ° . ,s James W. Anderson Survey
AS •EGISTRATION NO. 5519 r
RICKY L GENTRY Abstract No. 18
NOVEMBER 4, 2008 1,1 5519 r . City of Coppel
• • . •oF E 5 5 % o .0 , 2-
DATE: 9 4'D • SUR * **** Dallas County, Texas
REVISED NOVEMBER 13, 2008
JOB NO. CPL 00243
m
TEACUENALL AND PERKINS
C ivil Engineering I Surveying I Landscape Architecture I Planning
NC. 1100 Macon Sfree>: Fort Wort; TX 76102
Lr\ PROJECTS \CPL00243 \cad \survey \EASEMENTS \ROW_GTCdwg (817) 336 -5773 SHEET 2 OF 2
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
02/07/2011 12:45:28 PM
$36.00
(S4
_.
201100031022
201100031023
0720 II I I
11 12 III I I
.45.29 II
PM
EASEMENT 118
SIDEWALK EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT the term Grantor used herein shall be construed in the singular or plural
number as such term respectively represents one or more than one person.
THAT, GTE Southwest Incorporated, a Delaware corporation, d/b /a Verizon
Southwest, f/k/a General Telephone Company of the Southwest, known herein as GRANTOR,
in consideration of the sum of Ten Thousand Six Hundred Sixty and No /100 Dollars ($10,660.00)
and other good and valuable consideration in hand paid by the City of Coppell, Texas,
( "GRANTEE "), receipt of which is hereby acknowledged, does by these present grant, bargain, sell
and convey unto GRANTEE, without covenant or warranty of any kind, for so long as the property
shall be used by GRANTEE as a sidewalk as described below, the use, liberty and privilege of
passage in, along, upon and across the following described property owned by GRANTOR (the
"Easement ") for the purpose of constructing and maintaining a public or pedestrian right -of -way
sidewalk (the "Sidewalk ") across GRANTOR'S main tract with the right and privilege at all times,
of the GRANTEE herein, its agents, employees, workmen and representatives having ingress,
egress, and regress in, along, upon and across said premises for the purpose of making additions to,
improvements on and repairs to said sidewalk or any part thereof.
Said Easement being described in Exhibits "A" and "B" attached hereto and made a part
hereof for all purposes.
The rights described above are granted upon the following terms, covenants and
conditions, each of which Grantee shall perform:
1. Construction, Restoration and Maintenance Obligations. GRANTEE will
remove from the Easement, such fences, buildings and other obstructions as may be found upon
said property. After construction of the Sidewalk has been completed, GRANTEE shall, except for
removed obstructions, return the surface area of the Easement to its original condition as nearly as
practical taking into consideration the nature of the work being performed at GRANTEE'S sole
expense. GRANTOR reserves the right to use and maintain the surface of the Easement for
purposes which will not interfere with GRANTEE'S rights hereby granted, including but not limited
to vehicular ingress and egress to and from GRANTOR'S facilities. GRANTEE agrees that upon
completion of the sidewalk improvements, GRANTEE shall be obligated for future maintenance
and upkeep of the Sidewalk.
2. Grant Subordinate to Prior Rights. This Easement is given and accepted
subject to, and is subordinate to, all outstanding liens, encumbrances, conditions, restrictions,
1163740.2:915140:00362
easements, licenses, leases, tenancies, and other matters affecting title to the Easement, whether
or not of record.
3. Use of the Easement By Others. This Easement is nonexclusive and shall be
subject and subordinate to the right of Grantor and other parties to use the Easement and install
other facilities over, under and along the Easement, provided that the use thereof by Grantor and
such third parties shall not materially interfere with Grantee's exercise of the rights granted
herein.
4. Prior Notice of Construction. Grantee shall give Grantor at least seven days'
prior written notice before commencing any field work hereunder. Such notice shall be sent to
the following address:
GTE Southwest Incorporated, d/b /a Verizon Southwest
c/o Jones Lang LaSalle
P.O. Box 152092
MC: E03G62
Irving, Texas 75015
Attention: Verizon Lease Administration
GLC: 8000027
With a copy to:
GTE Southwest Incorporated, d/b /a Verizon Southwest
c/o Verizon Services Operations
15505 Sand Canyon Drive
Building C
Irvine, California 92618
Attention: Tony Wallace, Manager, Real Estate - West Area
5. Right of Inspection. Grantor shall have the right, but not the obligation, to
inspect Grantee's field work from time to time as such work is underway.
6. Drainage. Grantee shall provide and maintain adequate drainage facilities so
there will not be a collecting of run -off waters or surface waters upon or adjacent to the Easement
resulting from the construction, maintenance or operation of the Sidewalk.
7. No Interference with Grantor's Facilities. Grantee shall install, maintain,
operate and repair the Sidewalk so as not to injure or damages Grantor's facilities.
8. Indemnity. Grantee shall indemnify, defend and hold Grantor harmless from and
against all loss, cost, damage and expense (including, without limitation, reasonable attorney's
fees and disbursements and the cost of enforcing this indemnity) arising out of (a) the use of the
Easement or the exercise of the rights granted hereunder by Grantee or its agents or contractors
and (b) Grantee's failure to perform any of its obligations hereunder.
1163740.2:915140:00362
9. Mechanic's Liens. If any mechanic's lien relating to the Sidewalk is filed against
the Easement land, Grantee shall, within 30 days thereafter, cause such lien to be discharged of
record, by payment, bonding or otherwise. If Grantee fails to discharge any such lien, Grantor
may do so at the expense of Grantee.
10. Compliance with Laws. Grantee shall, at its expense, comply with all applicable
federal, state and local laws, rules, regulations and ordinances relating to the Sidewalk and the
exercise of Grantee's rights hereunder.
11. Termination. This Easement shall terminate if Grantee, its successors and
assigns, shall abandon the Sidewalk. The Sidewalk shall be deemed abandoned in the event that
the rights granted hereunder or the Sidewalk are not used for 36 consecutive months. Upon the
termination of this Easement, Grantee shall be liable for the expense of removing the Sidewalk
from the Land. Upon such termination, Grantor shall determine, in its sole discretion, whether
the Sidewalk shall be removed or abandoned in place.
12. Entire Agreement; Changes. This agreement contains the entire agreement of
the parties with respect to the subject matter hereof. This agreement may not be changed or
terminated nor may any of its provisions be waived orally, but only by an agreement signed by
the party against whom enforcement of such change, termination or waiver is sought.
13. Choice of Law. This agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
14. Successors and Assigns. This agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
[signature page following]
1163740.2:915140:00362
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described.
EXECUTED this Q Q day of V TcAv&}U OR , 2010.
GRANTOR
GTE Southwest Incorporated,
d/b /a Verizon Southwes
By:
Name: u WojA 6
Title: M (, - ` EN‘ t.
GRANTEE
City of Coppell, Texas
By:
Name: 1 1
Title: tic
11637 40.2:915140:00362
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ` day of
<-�`l>%iZu4 , 20gl1, by e'
..T CHRISTEL B. PETTINOS
* _1 � * Notary Public, State of Texas otary Public, State of Texas
r1 My Commission Expires
:+ My 10 f 2011 :
u� :':• <i�_. fission x.res
44A � /0 / Zv // (? H,Us m. /v. A07r7.✓o r
Type / Print Name of Notary
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the a c tk- day of
N00P , 2010, by (�ln W aU acc
_
• �,�� �� r of GTE Southwest Incorporated, d/b /a Verizon
• M •k-rri4,4
Southwest, a Delaware corporation, on beh If of said corporation.
M y C herie Commissi K Rudon EoVlph- Feasley
ti• * k 11/14/2013 xpires
Notary Public, State of Texas •
My Commission Expires:
\ I L i - Jo, Chu; 'Rck 4 )L k_c)
Type / Print Name of Notary
1163740.2:915140:00362
EXHIBIT "A"
Being 0.098 of an acre of land situated within the James W. Anderson Survey,
Abstract No. 18, and being a portion of a tract of land described to General Telephone
Company Of The Southwest by deed recorded in Volume 71011, Page 1961, Deed
Records, Dallas County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the east line of said General Telephone Company tract, from
which a PK nail found for the northwest corner of a tract of and described to H.T.
Ardinger, JR. by deed recorded in Volume 80024, Page 676, Deed Records, Dallas
County, Texas, bears North 00 °22'53" West at 3.36 feet;
THENCE North 83 °49'49" West, over and across said General Telephone tract, a
distance of 81.02 feet to the beginning of a curve to the right;
THENCE northwesterly with said curve to the right having a radius of 619.64 feet, a
central angle of 11 0 37'20", an arc length of 125.69 feet and a chord bearing of North
8426'25" West at 125.48 feet to the west line of same;
THENCE North 00 °19'34" West with said west line of said General Telephone
Company tract a distance of 11.72 feet to the south right -of -way line of Sandy Lake
Road;
THENCE North 89 °37'07" East, with said south right -of -way line, a distance of 121.66
feet;
THENCE South 83 °49'49" East, leaving said south right -of -way line, a distance of
84.20 feet to said east line of said General Telephone Company tract;
THENCE South 00 °22'53" East with said east line a distance of 18.47 feet to the
POINT OF BEGINNING and containing 0.098 of an acre of land, more or less.
(,r Date: November 12, 2009
Ri y L. entry, R.P.L.S.
Texas Registration No. 5 19
r F
�p � y s 7 ER f•.
rife YH ° s
Bearings are based on the Texas
State Plane Coordinate System, RICXY L carnr
North Central Zone (NAD83) %. 5519
(A7o F S5;� Y
Integral parts of this survey: 9�o SuRV�'
a. Legal Description
b. Sketch
Sheet 1 of 2
EXHIBIT "B"
1
1 1
1
LOT 2 —A
a
W 3
Q O
X7 I
_ �__ --
a
A o BLOCK C I LOT 3
›, 3 I SHADYDALE ACRES CONNELL SKAGGS ADDITION
VOL. 81141, PG. 3473 VOL. 88006, PG. 5896
A I P.R.D.C.T. P.R.D.C.T.
xa
r /D ri
a
LOT 2 —B 1 LOT 2 —C
I
I
SANDY LAKE ROA 0.098 ACRE OR
(VARIABLE WIDTH RIGHT—OF—WAY)
4,264 SQ. FEET
-- - - TRAIL EASEMENT S83'49'49 "E
84.20' S00'22'53 "E
121.66' 18.47'
N89 "E
N00'19'34 "W---, _ _ — (LINE FOR
11.72' _ 586. 23 . 2 g .E lO 4 A 7 CONTROL)
R 61 9 PK NA
64 — -4 IL
L= 125.69' N 87'5 9 0 9 " - W I OF - - —�
GENERAL TELEPHONE COMPANY I 81.02 I BEGINNING u•
OF THE SOUTHWEST I GENERAL TELEPHONE COMPANY
VOL. 82021, PG. 1087 OF THE SOUTHWEST 2
D.R.D.C.T. VOL. 71011, PG. 1961
D.R.D.C.T.
197 W SANDY LAKE RD. I
1 I
I ''' H.T. ARDINGER, JR.
c ,1 ? VOL. 80024, PG. 676
Y v D.R.D.C.T.
J
NOTES:
1. Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83).
2. Integral parts of this survey 0 30 60 120
y.
a. Legal Description INOMMENIMMIN
b. Sketch
SCALE: 1" = 60' 0.098 ACRE
TRAIL EASEMENT
_ Situated in the
ii, l E...• James W. Anderson Survey
RI Y L. NTRY, R.P.L.S. �i; ��` o a
Abstract No. 18
TEXAS R ISTRATION NO. 5519 PoCKY L GENTRY \) City of Coppel
NOVEMBER 12, 2009 ..v 5519 ... J Dallas County, Texas
• ~aP S S o ?' /
C ' /
DATE: 9�?•SUR�F'{
JOB NO. CPL 00243
M /v TE4GL ENALL AND PERKINS
C ivil Engineering 1 Surveying 1 Landscape Architecture 1 Planning
C. 1100 Macon Street, Fort Worth, TX 76102
L \PROJECTS \CPL00243\ cad \survey \EASEMENTS \ESMT_GTC dwg (817) 336 -5773 SHEET 2 OF 2
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
02/07/2011 12:45:29 PM
$40.00
4
•
A NT
•
201100031023