Fountain Park 1-ES 860110THAT, the undersigned, TRXLAID XBVIfTNBIITGROUP, a Texas General
Partnership, hereinafter refereed to as Grantors, whether one or
more, for and in consideration of the suJ of ONE DOLLAR ($1.00) to
Crantors in hand, paid by the Cl~y of Coppell, Texas, the receipt
of which is bere~ acknowledged and the further consideration that
the benefits to be derived by Grantors from the placing of storJ
sewers and underground public utilities, including and limited to
wa~er mains, sanitary sewer Jains, gas Jains, underground electric
lines, underground CelepAone and telegraph lines and underground
cable for security services end television, through the preJises
hereinafter.described, have ~hLs day granted and conveyed and by
these presents do hereby grant and convey unto the City of Coppell,
?exas, a Municipa! Corporation, s~tuated in Dallas County, Texas,
an easezZeflt to construct, reconstruct and perpetually Jaintain
enclosed storm sewers-and underground public utilities, Including
and l~Jited to water maine, .anitsrv sewer Jains, gas maine,
underground electric lines, Underground telephone and telegraph
lines, end underground cable for security services and telev~sion
and sur£ace facilities as required, but in no case the uae of
overhead aerial facilities, or authorize such construction by any
public utility coJpeny, An, upon and across the ~ollovtng described
land, to-wltz
All that certain tract, piece or parcel
of lend lying and being sleuated in the
County of Dallas. State of Texas,
described in Exhibit UAe attaobed hereto
and Jade a part hereof £or all Porpoees,
to which referenoe ia hereby Jade £or a
Jori particular description of said
property (tbs 'Easement Arem')l
TO HAVe AID TO HOLD, the mime to the C/ay 0£ Coppell, its
successors and assigns, together with the right and privilege at
nny and el! tiJes to enter said preJises or any part thereof, for
the purpose of cons~ructing and Jaintaining said a~orm drainage
~acilitAea and underground public u~llities, and £or inking
connections therewith, provided, however, the ~oregoing grant, sale
and conveyance o£ the B&sement Area is expressly subject to the
following conditLonsJ
I. Zn ~l~e evef, t tbi~ the Grantee, its successors and/or assigns
discontinue the use o£ the EaseJent Area for the purposes described
hereinabove, this EaseJent shall termina~e and be of no £u~ther
force and effect;~
//
areas appurtenant thereto, Grantee causes any change in or injury
to the Easement Area, the property appurtenant thereto or any
improvements on said Easement Area or the property appurtenant
thereto, Grantee, within a reasonable time after the exercAse of
such rights, shall reasonably restore the Easement Area, the
propeFty appurtenant thereto sAd/or such improvements to a s~mllar
3, This grant ts made subject to the rights of the public and
Grantor to use the surface of the Easement Area for pedestrian and
vehicular ingress, egress and access.to and from property
appurtenant to such Easement Area and such other uses as do not
unreasonably interfere with the permitted use o£ the Easement Area
by Grantee.
a Texas General ~artne~shtp
RKALTBOH HOLDZIGB, ZHC,, a
Texas Corporation, one of Three
General Partners
By ;~t
' ~TATE Of TKXAB ·
·
COUHTY eLp DAI'-z.&S ·
BEFORE HI, the undersigned authority, a Notary Public in and
~or State of Texan, on this day personall~ appeared Sdvard ~. Rea,
~resident of RBALTRO~ HOE~ZH~B, ZIC., a Texas Corporation, offs of
three General Partners of TIZLm~ ZIVBSTEBITGBOUP, a T~xas Genera~
Partnership, ~novn ~o Be ~o ~ tho ~rson and o~ficer vho.e ntme
~s subscribed ~o ~h. fo~egoLn~ instrument and a=knovledged ~o me
~hat the same vas the act o~ said ~n BO~Z~e ZIC. Ln 1ts
ca~acLt~ as the 6ene~a~ ~artner of HX~D X~8TH~UP, and
tha~ h, ezecut~ the same for the ~r~sea and eonsXde~at~on stated
th,~eXn.
SEAL OE OFFTCE this _~._~_ c~ay of
,ub,c;' of.,:xa.
(~rlnted or Typed
L~IOFr~F~tlS COIIBi~J~ M~ SUBOIlDXNA?XOH
//
The undersigned ho~der of liens against the Easement Trac~ set
forth hereinabove, hereby consents to the 9rant of th~s Easemon~
and agrees ~hat the liens evidenced b~ (l} ~ha~ certain Deed of
?rust dated Apr11 18, 1984 executed by ~dward A. Paterson, Trustee,
race:dad ~n Volume 84086~ Page 2407~ Deed of T;uat Recotda~ Dallas
County, Texas, 8ecur~n9 paymen~ of one ccrta~n ~romlssory N~te sE
even da~e therevith ~n the origlna! principal amount
$~§,750,000.00, said Note and Deed of Trust
Xodificatlon of ~ot~ and ~len ~ted Oc~obe~ 17~ 1984~ recorded in
Volu~e 84212, Page 0710, Deed Recorde~ Dallas County~
executed by Trlland ~nvestment Oroup payable to the order of and
held by the undersigned and (ii) that certain Deed sE TrusL to
ecure Performance dated Ap~l 10~ 1984 executed by ~riland
nveetment C~oup to edward A. Peterson~ Trustee, recorded in Volun. e
~408~, Pa?e 2450; Deed of TFust Records~ Dallas County~ Texas,
securing payment of an undivided 35% ~nterest in certain proceeds
o~ a~d ~rom the property encumbered by the Deed sE ~rust to Secure
2~rformance owned by Trlland ~nvestmen~ Group represent~n~ the
contingent portion of a commitment fee to the undersigned~ are
hereby ~boFdina~ed, ~n all ~spect~, to bhe pcov~sions o~ ~uch
ea~n. ent AgFeement.
r-~EIqHOLDER ~
SUNBET/V~CE~CORPO~A~ON
8'I'&~B Of ~lZA8 ·
BS~ORN HB~ tho undersigned authoztty~ a Notary Public tn and
~or the S~a~e of Texas, on this day peroonal~y appeared
, o; Sunbelt Service
t::,own to me ~o be the person and o~;~cer whose name 18 oubsc;~bed
~ ~e fore;sing Instrument, and acknowledged to me ~hat s~e
e~ec'.ted ~he same ~or ~he purposes and consideration thetezn
expressed.
,.'~a~'~n BY ~ ~ B~ Of OfflCB ~h~s
,.?"~'...., ' .~ .-k '
,,
~ .~.~ ~ ......... , ..
Page 1 of 2 ~
R~qrrBIT A
FIELD NOTES
UTILITY F~SEN~T
Being a ~.ract of land situated in tho Edvnrd Cook Survey, Abstract No. 300 and
the B.B.B. & C.R.R. Survey, Abstract No. 199 in the City of Coppell,
County, Taxes and being nors pnrCicularly described aa
.CO~4ENCINC, at an iron rod found in the north line o£ ~andy Lake Road (60 foot
right-of-ray) said iron rod being the scutheeat corner of $.00 acre tract
conveyed by deed from C. W. and Yore NcDonald to Ao R. NcDonald as recorded in
Volume 382&, Page 292, Deed Records of Dallas County, Texas, said point being
east 9~.32 feet and south 26.22 feet of the POINT OF BEGINNINC, said poin~. of
beginning being a l/2-inch iron rod set in ~he enaC line of said NcDonald
Tract;
~IENCE, H OO° ~6' 33** E, along the saac line of said Nc~onald Trscc, a
distance of 15.00 feet to an iron rod
THENCE, $ 89° 15' 30'* E, &O feeC paralle! to the North line oi Sandy Lake Road,
.a distance of 627.28 feet to an iron rod
~THENCE, S 02* 56' 53*' E, a distance of 15.O3 feet to an iron rod set .for
oorner ~ .
THI~CE, N 89° 15' 30*' W, a distance of 628.30 feet to the POINT OF
~NTAININO, O.2162 acres (9,417 sq. lC.) of land.
m
I
215
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216
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LIJ. ON'itl