Georgian Place-ES 970728A~er Record~e. Please Return To:
Scott Moran
Burford & Ryburn, L.L.P.
3100 Lincoln Plaza
Dallas, Texas 75201-3390
10: nm
WA No.:
Tract No.:
ER=
EASEMENT
THE STATE OF TEXAS
COU'NrI"Y OF DALLAS
KNOW ALL MEN BY THESE PRESENTS:
That J. Steve Anderson, III, as Trustee for Sandy Lake Road Limited Partnership, hereinafter
called "Grantor," whether one or more, for and in consideration ofTen and No/100 Dollars ($10.00)
and other valuable consideration (which consideration includes the Company's execution of that
certain "Partial Release Of Easement" dated of even date herewith, effecting a partial release of the
Company's rights under 'chat certain blanket easement and right of way for aa electric transmission
or distribution line or system dated December 9, 1941, granted to Brazos River Transmission Electric
Cooperative, lac., recorded in Volume 92167, Page 1781, Deed Records, Dallas County, Texas
(which blanket easement was assigned to the Company pur~xmnt to that ~rtain "Sale And
Assignment" instrument dated August 26, 1985, executed by Brazos Electric Power Cooperative,
Inc. (as successor to Brazos River Transmission Electric Cooperative, Inc.), and recorded in
Volume 89240, Page 1350, Deed Records, Dallas County, Texas) to Grantor in hand paid by
TEXAS UTILITIES ELECTRIC COMPANY, a Texas corporation, located at Energy Plaza,
1601 Bryan Street, Dallas, Texas 75201-3411, hereinai%r referred to as "Company," has granted,
sold and conveyed and by these presents does grant, sell and convey unto said Company, its
successors and assigns, a non-exclusive forty foot (40') wide easement for one or more electric power
lines and telecommunications facilities, each consisting of variable number of wires and cables, and
all necessary or desirable appurtenances including supporting structures, guy wires and guy
anchorages over, under, across and upon all that certain tract(s) of land located in Dallas County,
'l'exas,
As described on ~ (attached), entitled "Tract A Field Notes," a metes and
bounds description of the fifteen foot (l 5') road right-of-way dedication, the twenty
foot (20') wall, trail and utility easement, and the five foot (5') aerial easement, and
shown on Exhibit "B" (attached), entitled "Schematic Plat And Drawing," depicting
the proposed future location ora Company electric transmission line (following the
proposed future widening of Sandy Lake Road), road right-of-way dedication, the
wall, trail and utility easement, and thc five foot (5') aerial easement area.
Grantor and Company acknowledge and agree that this Easement is intended to provide the
Company with (a) easement rights for the Company's existing overhead power lines (the "Existing
1'/654__3
REDLINE
Lines"), which as of the Effective Date of this instrument are located along the "Existing Property
Line" shown on Exhibit "B" attached to this instrument, and Co) all easement rights which the
Company will ever require from Grantor or Grantor's successors or ~ssign~ after the Effective
Dam of this instrument for any future overhead transmission or power lines following the relocation
and/or rcmoval of the Existing Lines for any reason (including, without limitation, any thture
widening of the adjacent Sandy Lake Road). The Company acknowledges that (x) prior to the
Effective Date of this Easement, Grantor has contracted to sell the real property encompassing thc
entire easement area referenced herein and Grantor's Adjacent Property (described below) to
Pacific United, L.P., a Texas limited partnership ("Pacific United"), (y) Pacific United intends to
develop Grantor's Adjacent Property into single-family lots for thc sale to builders for the
construction of single-family residences, some of whose exterior walls will be located on the
southern perimeter boundary of the five foot (5') aerial casement granted to the Company hereunder,
and such homes may overhang into the five foot (5') aerial easement area as provided herein and
depicted on ~, and (z) shortly following the Effective Date of this Agreement, Pacific
United intends, following the requisit~ City of Coppell approvals, to record a £mal plat covering the
entire easement area encumbered by this instrument, as well as an approximately 25.0992 acre
adjacent tract owned by Grantor on the Effective Date hereof, more particularly described on
Exhibit "C" attached hereto and made a part hereof(the "Grantor's Adjacent Property"), which
plat recordation will (i) effect a dedication to the City of Coppell of the ~n (15) foot wide portion
of the easement area depicted ~ the "Road ROW Dedication" on Exhibit "B" attached hereto, and
(ii) effect a dedication of the twenty (20) foot wide area depicted as the "Wall, Trail, And Utility
Easement" on Exhibit "B" attached hereto, which will be a non-exclusive utility easement to be
utilized as a common utility corridor by any future utility providers, in addition to the Companyt
nrovided that any such utility does not. interfere with the safe and efficient onerntion of the
C. ompnn¥'s faeilifie.q. The Company hereby acknowledges and agrees that all structures,
d th b transmi will I d -- ~'-'~ .....
facilities, an ¢ nsc of all anion poles, b¢ ocac ~,, ,,,,,~.
t~_ .~_ ,m..:_,:_.. n .... .~.. r :__,, .~.._:_,..~ __ within the fifteen foot {1-~1 road right-of-way.
~icted on Exhibit "A" and Exhibit "B" attached hereto,
circumsisnees whatsoever shall say Comnanv structures, facilitieS, or the base of
.t.r.a.n. smisslon ~oles be located south of the_~Fnture Pronertv Line" shown on Exhibit
attached hereto. The ~9~u~.a_ny further acknowledges and a..~'ees~ that: nrovld~_d
_u_nencumbered s~ace is availa_bk an.d other I~overnmental aI~rovals for nlacement can..ba
obtained, all structures, faeilitie, s.~ sad the base of nil transmission holes wl]l be lo_ca_ted_no
further south than teax._/.1.01 £_ee_tfr_om the "Existing: Provertv Line" dcvictcd on
_att~a~_hed hereto.~ providing a minimum of thirty (30) feet of horizontal clemmlce
b~tw¢¢n (i) the ~ of any future Company structure, facility, or pole, and (ii) tile $outh~n I:~im~ter
boundary oft. he five (5) foot widc acrial easement area for the aerial easement granted hereunder to
.,. .,._ ~.a___ ,~, ~ r,x.~.~ -..a.. t ~ ~ ' depi ted "A"
mpany ....... :-- -'--
the Co , .................... ~, ~ ~ ...... ~,,,~,,-,, ~; ,,,~,~,,,,~,, as c on Exhibits
m~d "B" (attached). If Imencumbered_snnce is not available or Iovernmenta! a~r~rovaIs
be obtained by the Comnanv to adhere_to the thirty ~301 foot hori~umta! clearance on
~round reouirements of the ~r~cedln~ sentence, thep,_the Company shall use the Company's
best efforts to locate all C0mnanv structures~facilities, and the base of nil transmission voles
as close ss possible to t~e east/west llne ten feet a0'l so~tth of_the Existinl!. Propertlt Line .shown
on Exhibit "B" attached hereto (.i.e.: t,he east/west line_denoted aS the "Al~l~roxim~te Location
of Future 13$KV. Transmission. ...Line" o.n._Exhibit "B" attached hereto)_~_ provided that th~
17554] - 60~04
REDLINE 2
'Company ackno.wled~es that in any event, all Comoanv structures, facilities, and thc base of
~11 transmission poles must be_lo_cated nor.th_of the "Future Prol~ertv Line" depicted on
EXhibit "B' attached hereto. The Comtmny also acknowledges that, as to the five foot
wide aerial eh_serpent ~rant hereunder depicted on Exhibit "B", the scop_e of this aerie.
easement ~rant is st. rictlv limited to the area abnve lwen~-two feet ~22') fr_om uround level.
Under. no~ircumstanees whatsoever shall any Comrmnv transmission lines ever sway furthe,
South than_the southern neri__me, ter boundary of the~w~ foot (5') wide aerial easement area.
Together with the right of h~gress and egress over and along the portion of the easement area
north of the Wail (described below') (but not over and along any other adjoining property owned by
Grantor, or Crra~tor's successors or assigns), for the purpose of and with the right to construct,
operate, improve, reconstruct, repair, inspect, patrol, maintain and remove such electric power lines
and telecommunicalions facilities as the Company may from time to time find necessary, convenient
or desirable to erect thereon, the right to relocate its facilities along thc same general direction of said
Existing Lines only ha strict accordance with the terms oft. his Easement insirument, the right to trim
trees and shrubbery in the ~a~ment area, to tl~e extent same exceed twenty-two feet (22') in height,
if in the sole judgment of the Company, necessary to prevent possible interference with the operation
of said lines and facilities or to remove possible hazed thereto, and the ri. ght to remove at Grantor's
expense or to prevent the construction em in the easement cc,.", area of any or all
buildings, structures and obstructions (except~at C_rrantor and Orantor's successors and assigns may
conslruct a privacy wall (thc "Privacy Wall") up to ten (10) feet in height alone the entire l~rimeter
boundary of the "Building Line" depicted on Exhibit "B" attached hereto), and this agreement,
tol~¢ther with the other provisions of this grartt, shall constitute a covenant rurming with the land for
the benefit of the Company, its successors and assigns. Thc rights hereby granted are severable and
may be assigned either in whole or in part.
Grantor ~ and Grantor's successors and assitms reserve the right to usc thc
easement area, provided ~Such use shall not include the growing of trees thereon irt excess of
twenty-two (22) feet in height at maturity, or any other use that might, in the sole judgment of the
Company, interfere with the exercise by thc Compnay of thc rights hereby granted. Grantor
~ .and Grantor's succ. essors_and assi-o~ns further reserve the right to lay out, dedicate,
construct, maintain and use across said easement area strip, such roads, streets, alleys, railroad tracks,
ta~dergrouncl telephone cables and conduits and gas, water and sew~ pipe lines as will not interfere
with Company's usc of said casement arcs for thc purpose aforesaid, provided all such facilities shall
be located at angles of not less than 45 degrees to any of Company's lines and facilities, and shall
be so constructed as to provide with respect to Company's wires and other facilities the minimum
clcarancc~ provided by law and recognized ms standard in thc electrical industry.
The rights lq'anted to the portion of the easement area dcscrib:d and depicted in ~
~ attached hereto and made a part hereof for all purposes, as to the five foot (~') aerial
casement are as follows:
Grantor and Grantor's successors and assigns shall have full rights to utilize the five
foot (53 area between the "Building Line" (depicted in ~") and any structure
built on the Grat~tor's Adjacent Property up to a height of twenty-two foot (22') from
REDLINE 3
ground level. No structure, obstruction, or activity shall be permitted whatsoever
within the five foot (5') aerial casement area above the twenty-two feet (22') level so
as to assure Company's compliance with the National Electric Safety Code minimum
clearance standards.
In addition to the considcration above recited For the eascment hereby granted, the Company
will pay to the owner of the land, and, if leased, to his tenant, ns they may be respectively entitled,
for actual damages to fences and growing crops and improvements located on the casement caused
by mason of the construction, maintenance or removal o£said lines and facilities; provided, however,
that no such payment will be made for trimming or removal of trees hereafter pcrm/tted to grow in
the easement area, nor for removal of' buildings, structures, or obstructions erected upon the
easement area aRcr granting of this easement.
TO HAVE AND TO HOLD the above described easement unto the said Company, its
successors and assigns, until all of said lines and facilities shall be abandoned, and in that event said
easement shall cease and all rights herein granted shall terminate and revert to Grantor or C, rantor's
heirs, successors or assigns; and Grantor hereby brads hi,n~¢lf, his heirs, successors, assigns, and
legal representatives, to warrant and forever defend the above described easement unto Company,
its successors and assigns, against every pcrson whomsoever lawfully claiming or to claim the same
or any part thereof.
This Easement may be executed in multiple counterparts, each of which shall be
deemed and ori~nal~ and aH ofwhieh together shall eonstit~ute one nad the s~me instrument.
EXECUTED this
day of July, A.D. 1997 (the "Effective Date").
J. STEVE ANDERSON, III, ns Truste~ of Sandy Lake
Road Limited Partnership, a Texas gene~ limited
partnership acting pursuant to the terms of that certain
Restated Limited Partnership Agreement and
Certificate of Limited Pm'tnership of Sandy Lake
Road Limited Pmtnetship dated August 19, 1980
By:
Name: J. Steve Anderson, III
TEXAS UTILITIES ELECTRIC COMPANY
By:
Name:
Title:
17654_3 -
REDLINE
4