ST9902-CN140128Line Name: Coppell - Apollo Rd 69kV
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EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
That, the City of Coppell, hereinafter called "Grantor," whether one or more, for and
in consideration of Ten and no /100 Dollars ($10.00) and other valuable consideration to
Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited
liability company, 1601 Bryan St., Dallas, Texas 75201, hereinafter referred to as
"Grantee ", has granted, sold and conveyed and by these presents does grant, sell and
convey unto said Grantee, its successors and assigns, an easement and right -of -way for
electric power and communications lines, each consisting of variable number of wires and
cables, and all necessary or desirable appurtenances including supporting structures,
foundations, guy wires and guy anchorages (the "Facilities ") over, under, across and upon
all that certain tract(s) of land located in Dallas County, Texas, more particularly described
in Exhibits A and B, attached hereto and made part hereof.
Together with: (1) the right of ingress and egress over and along the easement and
right -of -way and over Grantor's adjacent lands to or from the easement and right -of -way,
for the purpose of and with the right to construct, operate, improve, reconstruct, replace,
repair, inspect, patrol, maintain and add or remove such electric power and
communications lines or other Facilities as the Grantee may from time to time find
necessary, convenient or desirable to erect thereon during the initial construction of the
Facilities or at any time thereafter; (2) the right to install gates in all existing and future
fences crossing the easement and right -of -way, provided such gates will be installed in a
manner that will not weaken such fences; (3) the right to relocate its facilities along the
same general direction of said lines; (4) the right to trim and cut down trees and shrubbery
on the easement and right -of -way, including by use of herbicides or other similar chemicals
approved by the U. S. Environmental Protection Agency, to the extent, in the sole judgment
of the Grantee, necessary to prevent possible interference with the operation of said lines
or to remove possible hazard thereto; and (5) the right to remove at Grantor's expense or
to prevent the construction on the easement and right -of -way of any or all buildings,
structures and obstructions.
Should Grantee initially install and construct and operate one circuit of the electric
transmission line permitted under the terms of this Easement and Right of Way, it is
understood that Grantee shall have the right to install, construct, and operate additional
circuits, including additional structures or other Facilities if necessary, of the electric
transmission line where Grantee determines, in its sole discretion, that demand for
electricity or the efficient operation of the line requires such additional circuits.
VERSION 111209
EASEMENT AND RIONT OF WAY Page 1
Grantor shall not make or cause any changes In grade, elevation, or contour of the
land (except those activities, excluding terracing, associated with normal agricultural
activities) within the easement and right -of -way described herein without first providing
advance notice and obtaining prior written consent to do so from Grantee. If written
consent is not obtained prior to any action by Grantor that causes any changes in grade,
elevation, or contour of the land within the easement and right -of -way, Grantor shall, upon
demand from Grantee, at Grantor's expense, restore the easement and right -of -way to its
previously existing condition, or reimburse Grantee fully for the cost of adjusting its
Facilities as necessary to accommodate the change in grade, elevation, or contour of the
land within the easement and right -of -way in the event Grantor fails to promptly restore the
grade, elevation., or contour to its previously existing condition.
Grantor shall not perform any excavations, trenching, or other soil disturbing
activities (except those activities, excluding terracing, associated with normal agricultural
activities) that, in the sole judgment of Grantee, will endanger the integrity of the supporting
structures and /or foundations or other Facilities, as applicable, or perform any other
activities that may, in the sole judgment of Grantee, remove, reduce, or adversely affect or
impact the lateral support of the supporting structures and /or foundations or other
Facilities, as applicable, without first providing advance notice and obtaining prior written
consent to do so from Grantee. If prior written consent is not obtained by Grantor prior to
performing any excavation, trenching or other soil disturbing activity that endangers the
integrity of the supporting structures or foundations or other Facilities, as applicable,
Grantor shall, upon demand from Grantee, at Grantor's expense, restore the easement
and right -of -way to its previously existing condition, or reimburse Grantee fully for the cost
of adjusting its Facilities as necessary to accommodate the excavation, trenching, or soil
disturbing activity in the event Grantor fails to promptly restore the easement and right -of-
way to its previously existing condition or cannot do so.
Grantor reserves the right to use the easement and right of way area provided such
use shall not include the growing of trees thereon or any other use that might, in the sole
judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby
granted. Grantor further reserves the right to lay out, dedicate, construct, maintain and use
across said strip such roads, streets, alleys, railroad tracks, underground telephone cables
and conduits and gas, water and sewer pipe lines as will not interfere with Grantee's use of
said land for the purpose aforesaid, provided all such facilities shall be located at angles of
not less than 45 degrees to any of Grantee's lines, and shall be so constructed as to
provide with respect to Grantee's Facilities the minimum clearances provided by law and
recognized as standard in the electrical industry, as same may change from time to time.
Grantor also reserves the right to erect fences not more than 8 feet high across said land,
provided all such fences shall have gates, openings, or removable sections at least 16 feet
wide which will permit Grantee reasonable access to all parts of said land. Should Grantee
later determine that a width greater than 16 feet is necessary, then Grantee shall have the
right granted above to install additional or wider gates at its sole discretion, but the
installation of such additional or wider gates shall be at the sole expense of Grantee.
VERSION 111209
EASEMENT AND RIGHT OF WAY Page 2
Grantor retains all right, title, and interest in and to all oil, gas, and other minerals
(whether by law classified as part of the mineral estate or the surface estate) and
groundwater in, on, and under the strip or land described herein; provided, however, that
Grantor shall not be permitted to drill for oil, gas, and other minerals, and groundwater from
and under said strip of land but Grantor may extract oil, gas, and other minerals, and
groundwater from and under said strip of land by directional drilling, mining, or other
means, so long as Grantee's use of said strip is not disturbed, which use shall include the
right of Grantee to physical and /or lateral support for the Facilities, as well as the right that
the Facilities shall not be endangered, obstructed, or interfered with by such operations.
In addition to the consideration above recited for the easement and right -of -way
hereby granted, the Grantee will pay to the owner of the land, and, if leased, to his tenant,
as they may be respectively entitled for actual damages to fences and growing crops and
improvements located on the easement and right -of -way caused by reason of the
construction, maintenance, addition or removal of said lines; provided, however, that no
such payment will be made for trimming or removal of trees growing on the easement and
right -of -way, nor for removal of buildings, structures, or obstructions erected upon the
easement and right -of -way after granting of this easement and right -of -way.
TO HAVE AND TO HOLD the above described easement and right -of -way unto the
said Grantee, its successors and assigns, until all of said lines and other Facilities shall be
abandoned, and in that event said easement and right -of -way shall cease and all rights
herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or
assigns; and Grantor hereby binds Grantor and Grantor's heirs, successors, assigns, and
legal representatives, to warrant and forever defend the above described easement and
right -of -way unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof. This easement may be assigned
in whole or in part.
EXECUTED thi.-4-%ay of , A.D. 204.
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Title:
VERSION 111209
EASEMENT AND RIGHT OF WAY Page 3
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared
VA'"� &e-" " j -� , as the
of the City of Coppell, 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 for the
purposes and consideration therein expressed, in the capacity therein stated and he/she is
authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thin ;s y of . D.
204 ^
�tMY�(
CHRISTEL B PETTINOS
My Commission Expires
s R " C ;Pe
May 10, 2015
After recording, return to:
Laura De La Paz
Oncor Electric Delivery Company
Suite 505
115 W 7th Street
Ft. Worth, Texas 76102
VERSION 111209
EASEMENT AND RIGHT OF WAY
Public in`arfd for the State of /Texas
Page 4
9716 - ESMT -FN
EXHIBIT A
FIELD NOTES
CITY OF COPPELL
CENTERLINE OF PROPOSED EASEMENT
Page 1 of 3
Date: 08 /27/13
Being a centerline description of a proposed transmission line easement being located
in the EDWARD A. CROW SURVEY, ABSTRACT 301, S. HENDERSON SURVEY,
ABSTRACT 629, ALFRED LOGSDON SURVEY, ABSTRACT 783, JAMES PARRISH
SURVEY, ABSTRACT 1139, S.A. & M.G. RAILROAD SURVEY, ABSTRACT 1442 and
DAVID MYERS SURVEY, ABSTRACT 886, Dallas County, Texas, being a portion of
that certain property being located within the Right Of Way (R.O.W.) of Sandy Lake
Road and said centerline being more particularly described, by metes and bounds, as
follows:
BEGINNING at a point (N 7,038,868.26 E 2,430,731.54) being located within a 20 foot
road dedication per plat of TOWNOAKS CENTRE, Block A, as recorded in Volume
84248, Page 5137, Plat Records, Dallas County, Texas (P.R.,D.Co.,Tx.) and bearing
North 80 degrees 37 minutes 28 seconds East a distance of 236.82 feet from a 5/8 inch
Iron pin found at the intersection of the South R.O.W. line of said Sandy Lake Road and
East R.O.W. line of Denton Tap Road for most Westerly Northwest corner of Lot 1 of
said TOWNOAKS CENTER;
THENCE North 89 degrees 28 minutes 13 seconds East a distance of 1178.22 feet to a
point bearing North 72 degrees 11 minutes 39 seconds East a distance of 23.62 feet
from an "X" found in said South R.O.W. line of Sandy Lake Road for most Northerly
Northwest corner of Lot 1, Block A of ROYAL OAKS, recorded as Instrument
201100213538, Map Records, Dallas County, Texas (M.R.,D.Co.,Tx.);
THENCE North 82 degrees 07 minutes 19 seconds East a distance of 318.59 feet to a
point bearing North 76 degrees 45 minutes 15 seconds West a distance of 32.25 feet
from a 1/2 inch iron pin found in said South R.O.W. line of Sandy Lake Road for
common Northeast corner of Lot 7 and Northwest corner of Lot 17 of said ROYAL
OAKS;
THENCE North 88 degrees 47 minutes 04 seconds East a distance of 881.73 feet to a
point for corner;
THENCE North 88 degrees 54 minutes 35 seconds East a distance of 388.40 feet to a
point bearing North 78 degrees 50 minutes 48 seconds West a distance of 52.14 feet
from a 518 inch iron pin found at the intersection of said South R.O.W. line of Sandy
Lake Road and West R.O.W. line of Rosebriar Court for common Southeast comer of
that certain 0.175 acre tract conveyed to City of Coppell by deed recorded in Volume
97175, Page 4324, Deed Records, Dallas County, Texas (D.R.,D.Co.,Tx.), Northeast
corner of Lot 1, Block B of DOBECKA PHASE II, recorded as Document 20070172592,
Official Public Records, Dallas County, Texas (O.P.R.,D.Co.,Tx.), Northwest corner
Page 2 of 3
Date: 08127/13
of Lot 3X of ROSEBRIAR ESTATES, recorded as Instrument 201200053760,
M.R.,D.Co.,Tx. and Northwest corner of that certain 0.101 acre easement conveyed to
Oncor Electric Delivery Company LLC by document recorded as Doc. 201200053760,
D.R.,D.Co.,Tx.;
THENCE North 89 degrees 21 minutes 27 seconds East a distance of 318.01 feet to a
point being located within that certain 0.109 acre tract conveyed to City of Coppell by
deed recorded in Volume 97175, Page 4328, D.R.,D.Co.,Tx. and bearing North 37
degrees 31 minutes 22 seconds West a distance of 28.87 feet from a 1/2 inch iron pin
found in the West R.O.W. line of Castlebury Court for Northeast comer of Lot 1, Block A
of CASTLEBURY COURT as recorded in Volume 99141, Page 00088, M.R.,D.Co.,Tx.;
THENCE North 88 degrees 34 minutes 35 seconds East a distance of 413.90 feet to a
point being located within a 25 foot road dedication per plat of HIGHLAND OAKS as
recorded in Volume 860.10, Page 2375, M.R.,D.Co.,Tx.;
THENCE North 89 degrees 07 minutes 31 seconds East a distance of 894.37 feet to a
point for corner;
THENCE North 89 degrees 15 minutes 23 seconds East a distance of 486.76 feet to a
point bearing North 86 degrees 42 minutes 28 seconds East a distance of 128.89 feet
from a 1/2 inch iron pin found for common Northeast corner of Lot 9R, Block A of
STRINGFELLOW ADDITION, recorded as Document 200900090504, O.P.R „D.Co.,Tx.
and Northwest corner of Lot 1 R, Block A of STRINGFELLOW ADDITION, recorded as
Document 200600033144, O.P.R.,D.Co.,Tx.;
THENCE North 88 degrees 37 minutes 39 seconds East a distance of 365.93 feet to a
point being located within a tract dedicated for road R.O.W. and within an easement
dedicated to T.U. Electric per plat of SANDY LAKE PLAZA as recorded in Volume
98002, Page 00056, M.R.,D.Co.,Tx.;
THENCE North 89 degrees 00 minutes 31 seconds East a distance of 1274.51 feet to a
point being located within a 20 foot street dedication per plat of NORTHLAKE
WOODLANDS EAST, PHASE II as recorded in Volume 93112, Page 4208,
P.R.,D.Co.,Tx. and bearing North 87 degrees 49 minutes 59 seconds West a distance
of 355.34 feet from a 1/2 inch iron pin found at the intersection of said South R.O.W.
line of Sandy Lake Road and West R.O.W. line of Mockingbird Lane for Northeast
corner of Lot 17, Block 8 of said NORTHLAKE WOODLANDS EAST;
THENCE North 89 degrees 25 minutes 50 seconds East a distance of 2976.70 feet to a
point being located within a 20 foot R.O.W. dedication per plat of WOODRIDGE
SECTION TWO as recorded in Volume 81006, Page 2252, P.R.,D.Co.,Tx.;
THENCE South 89 degrees 42 minutes 51 seconds East a distance of 986.59 feet to a
point being located within a 20 foot R.O.W. dedication per plat of WOODRIDGE
Page 3 of 3
Date; 08/27/13
SECTION THREE per plat recorded in Volume 81180, Page 3301, P.R.,D.Co.,Tx. and
bearing North 61 degrees 30 minutes 28 seconds East a.distance of 180.83 feet from a
5/8 inch iron pin found for common Northeast corner of Lot 2, Block 1 of CORNERS OF
COPPELL as recorded in Volume 86197, Page 5563, D.R.,D.Co.,Tx. and Northwest
corner of Lot 1R, Block 1 of CORNERS OF COPPELL as recorded in Volume 92191,
Page 1015, P.R.,D.Co.,Tx.;
THENCE North 89 degrees 32 minutes 35 seconds East a distance of 477.23 feet to a
point being located within said 20 foot R.O.W. dedication per plat of WOODRIDGE
SECTION THREE and bearing North 63 degrees 44 minutes 22 seconds West a
distance of 189.05 feet from a 5/8 inch iron pin found for a North corner of Lot 4R, Block
1 of said CORNERS OF COPPELL as recorded in Volume 92191, Page 1015,
P.R.,D.Co.,Tx.;
THENCE North 87 degrees 23 minutes 39 seconds East a distance of 441.49 feet to a
point for corner;
THENCE North 89 degrees 20 minutes 27 seconds East a distance of 61.94 feet to a
point (N 7,039,062.81 E 2,442,191.36) being located in the common North R.O.W. line
of said Sandy Lake Road and South line of that certain 0.508 acre Tract 2 conveyed to
Denton Creek Land Co., LTD as recorded in Volume 20031.33, Page 1569,
D.R.,D.Co.,Tx. for end of herein described centerline, bearing North 53 degrees 28
minutes 05 seconds West a distance of 501.05 feet and North 56 degrees 15 minutes
55 seconds West a distance of 54.36 feet from a 1/2 inch iron pin found for common
South corner of that certain 0.27551 acre Tract III conveyed to Dheeraj K. Akula and
wife, Kavitha by deed recorded as Insturment 20070087752, D.R.,D.Co.,Tx. and West
corner of the remainder of that certain 0.545 acre Tract 2 conveyed to Henry H. Tate by
deed recorded in Volume 84098, Page 782, D.R.,D.Co.,Tx., containing 11,464.38 linear
feet.
�F r PREPARED FROM DEED RECORDS FURNISHED AND A
P o� s'rfR a-f„9� SURVEY MADE ON THE GROUND MAY & JULY, 2013.
..
ISAAC P. GRIER
5838
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.. ISAAC P. GRIER R.P.L.S. 5838
NOTE: Bearings, distances, acreages & coordinates are based on
NAD 83 Grid, North Central Zone, Texas State Plane Coordinate
System.
Grid to surface scale factor = 1.00012637
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OWN: IPG DALLAS COUNTY, TEXAS (see attached field notes) E%ECTRK: 4 OF 6
DATE: 08/28/13 MAERY
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3208 S. Main St.
Ft. Worth, TX 76110
Pro'. No. 9716 —ESMT 6 of 6 817 926 -7876
SCALE 1 "m 300' CITY OF COPPELL SHEET NO.
OWN: IPG DALLAS COUNTY, TEXAS (see attached field notes) E RCMC 6 0 6
DATE: 08/28/13 DEUWRY