CRDC 1401-CS150617NOTICE OF CONFIDENTIALITY RIGHTS: If you are a
natural person, you may remove or strike any or all of the
following information from any instrument that transfers an
interest in real property before it is filed for record in the public
records: your Social Security number or your driver's license
number.
UNDERGROUND PUBLIC UTILITY EASEMENT
Date: June n 2015
Grantor OAKLAWN VILLAGE SQUARE LTD., a Texas limited
partnership
MAPLE AVENUE ANTIQUE MALL INC., General Partner
Grantor's Address: ® 7)T-1��
City: CITY OF COPPELL, TEXAS, a Texas home -rule municipal
corporation situated in the counties of Dallas and Denton.
City's Address: 255 Parkway
Coppell, Texas 75019
Easement Tract: All that parcel of land situated in Dallas County, Texas,
described in attached Exhibit A.
Easement Duration: Perpetual
Easement Purpose: To install, construct, operate, use, maintain, repair, modify,
upgrade, monitor, inspect, replace, make connections with,
remove, and decommission the Facilities.
Facilities: Electric distribution and transmission lines, low pressure -
service natural gas lines, potable water lines, wastewater lines,
drainage conveyance structures, telecommunications lines, and
cable lines with all associated underground appurtenances and
having a cross-sectional alignment of the separate utilities as
generally depicted in the attached Exhibit B. Other than any
drainage conveyance structures, the Facilities shall be totally
located underground.
PUE Form — Public Utility Easement Pg 1 of 3 TM 71905
Permitted Encumbrances: Any easements, liens, encumbrances, and other matters not
subordinated to the Easement Tract and of record in the Real
Property Records of the Texas county in which the Easement
tract is located that are valid, existing, and affect the Easement
Tract as of the Date.
Non -Permitted Activity: Installation, construction, operation, use, maintenance, repair,
modification, upgrade, and replacement of any above ground
structure, building, retaining wall, detention or water quality
control, rainwater harvesting system, tree, or shrub in the
Easement Tract, ..
Repairable Improvements: Irrigation systems which are installed in the ground above or to
the side of the Facilities, asphalt or concrete walkways,
driveways, parking areas, and access roads at grade level, and
barbed-wire, chain-link, or wooden fences ; to the extent same
exist as of the date of execution of this instrument.
Grantor, for TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration
paid to Grantor, the receipt and sufficiency of which is acknowledged by Grantor, GRANTS,
SELLS, AND CONVEYS to the City a non-exclusive easement in, over, under, on, and across
the Easement Tract for the Easement Purpose as may be necessary or desirable subject to the
Permitted Encumbrances, together with (i) the right of ingress and egress at all times over, on, and
across the Easement Tract for use of the Easement Tract for the Easement Purpose, and (ii) the
right to eliminate any encroachments in the Easement Tract that interfere in any material way or
are inconsistent with the rights granted the City under. this instrument for the Easement Purpose as
determined by the City in its reasonable discretion, including without limitation the City's right to
cut and trim trees and slu-ubbery and to remove any other obstructions as necessary to keep the
obstructions clear of the Facilities (collectively, the "Easement").
TO HAVE AND TO HOLD the Easement to the City for the Easement Duration and Easement
Purpose; provided, however, Grantor reserves the right to enter upon and use any portion of the
Easement Tract, but in no event shall Grantor enter upon or use any portion of the Easement Tract
for any Non -Permitted Activity or in any other manner that interferes in any material way or is
inconsistent with the rights granted the City under this Easement for the Easement Purpose as
determined by City in its reasonable discretion. City shall be obligated to restore or replace to a
good and functioning condition as determined by the City in its reasonable discretion only the
Repairable Improvements which have been removed, relocated, altered, damaged, or destroyed as
a result of City's use of the Easement Tract.
Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT AND
FOREVER DEFEND the title to the Easement, subject to the Permitted Encumbrances, to the
City against every person whomsoever lawfully claiming or to claim the Easement Tract or any
part of the Easement Tract when the claim is by, through, or under Grantor, but not otherwise.
PUE Form — Public Utility Easement Pg 2 of 3 TM 71905
Except where the context otherwise requires, Grantor includes Grantor's heirs and successors,;
and where the context requires, singular nouns and pronouns include the plural.
EXECUTED effective the date first above stated.
By:
Name: Pc,,,� {�,v /A-,e7M
Title:—�y�,e`��LtL11✓�`
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, THE UNDERSIGNED AUUIOR TY,oryn this y personally appeared _
tion IKO � I N S a 1� , of 00 TY``NOct U4 re L
a ` jy t-imkd TO 1r Me6hLP , known to me through valid identification to be the person
whose name is subscribed to the preceding instrument and acknowledged to me that the person
executed the instrument in the person's official capacity for the purposes and consideration
expressed in the instrument.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 174 day of
�sU-IeLe , 20J5.
[SEAL]
.M.P�w
JUAMTD4.2016.,
_ MY Septemb
a or.
Notary Public, State of Texas
PUE Form — Public Utility Easement Pg 3 of 3 TM 71905
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