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Hollows-ES 990525 (2)~'~ETURN TO: --'-- J. R. FRANCISCO ~ "-- -- -- 06/25/99 1646618 $39.00 TXU BUSINESS SERVICES ---- ---- Deed CORPORATE DOCUMENT SERVICES ~ISERVICES' PO BOX 139083 ^ *r .... u,,,,,,.. DALLAS, TX 75313'90~ c o ,,,... ,, - ENCROACHMENT ON EASEMENT 3ER- 107398, 3ER- 190255, 1 DR-L9.6 May 25,1999 Re: Liggett - Payne 138ky, Northlake to Northaven NW Carrollton to Hackberry The Hollows of Northlake Woodlands Addition City of Coppell, Texas City ofCoppell c/oMr. Robe~ Hagar 500N. Akard,1800 Linco~ Dallas, Texas75201 Dear Mr. Hagar: THE CITY OF COPPELL (hereinafter referred to as User) has requested permission to construct public streets, Sora Drive (a fifty foot wide right of way) and Crestview Drive ( a fifty foot wide right of way), two twenty foot wide drainage easement areas, and a twenty four foot wide emergency apparatus access road as shown in the attached Exhibits, within the area or boundaries of Texas Utilities Electric Company's (TU Electric), successor to TEXAS POWER AND LIGHT COMP.M~IY, and DALLAS POWER AND LIGHT COMPANY, easements recorded in Volume 657, Page 106, Volume 85077, Page 3200, Volume 3887, Page 110, and Volume 4594, Page 302, Deed Records of Dallas County, Texas. TU Electric is agreeable to thc construction of Sora Drive, Crestview Drive, the two drainage easement areas, and the emergency apparatus access road, hereinafter referred to as the "encroaching facility", if the encroaching facility is located and described as shown on the attached drawing, marked Exhibits "A" and "B" and incorporated herein, and subject to the following terms and conditions: 1. It is understood and agreed that TU Electric holds easement rights on the property involved; P. O. Box 139083 Dallas, Texas 75313-9083 991'24 06482 therefore, User will be required to obtain whatever fights and permission, other than TU Electric's, that are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by TU Electric under its easement. 2. User shall defend, indemnify and hold harmless TU Electric, its employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments whether for bodily injury, or damage to property whether or not arising from the sole or concurrent negligence or fault of User, its agents, representatives, contractors, or employees, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility. 3. Use of draglines or other boom-type equipment in connection with any work to be performed on the TU Electric easement by User, its employees, agents, representatives or contractors must comply with Texas Statute (3TexCiv. St. 1436c), the National Electric Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fif[een feet of the TU Electric power lines situated on the aforesaid property,. User must notify Archie Brown or Mike Shea at 972-721-6255 at least 48 hours prior to the use of any boom-type equipment on the TU Electric easement. 4. It is expressly understood and agreed that if the property has transmission or distribution facilities located thereon, User shall not place upon the premises, any improvements including but not limited to, buildings, light standards, shrubs, trees or signs unless approved in writing by TU Electric. 5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 6. TU Electric will not be responsible for any costs of construction, operation and maintenance of User's encroaching facility. It is further agreed that TU Electric shall not be liable for any damage to the encroaching facility herein agreed to as a result ofTU Electric's use pursuant to its easement. Any TU Electric property damaged or destroyed by User or its agents shall be repaired or replaced by TU Electric at User's expense and payment is due upon User's receipt of an invoice from TU Electric. 7. General construction limitations on encroachments are described and listed in Exhibit "C" attached hereto and by reference made a part hereof. 8. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period often (10) days after TU Electric notifies User of such default, TU Electric may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cea.se and come to an end. This agreement shall also terminate upon the abandonment of the encroaching facility. 991'24 06483 If the forego~g terms and conditions are acceptable to The City of Coppell and ~N-LW Development Group, please have the original and a copy of this letter agreement signed and returned to me at 300 South St. Paul Street, Room 314, Dallas, Texas 75201 within 30 days for final approval by TU Electric. This letter agreement shall be effective only a~er final approval by TU Electric. Yours very truly, Jeff Hustead Senior Right of Way Agent ACCEPTED: APPROVED: CITY OF COPPELL TU ELECTRIC Manager W. KyleR~- Attgmey Fact Date /~"' '~ "~ Date 99 I24 0648 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared W. Kyle Ray, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Texas Utilities Company, as the Attorney in Fact thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~/~ 't'/'v' day of ,..3--~,~ ~,_ , A.D. 1999. Notary Public~i~rfi'&ndl-! for ~,- .~--r~ the ~o[ State of Texas (Print Name of Notary Public Here) My Commission Expires: STATE OF TEXAS § cOUnTY Of DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Jim Wit't, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of The City of Coppell, as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /~' ~'~' day of ~"'c~ ~ ~. , A.D. 1999. , ,,'.~:~ Notary ublic in and for/t, he State of Texas , ..¢;..~"~A-'%~% PAULA d. CR0(~I(L~I ' ;..,,.,.:.:., mm,: ut ¢t -T. n¢./e¢ /e (Pdnt Name of Notary Public Here) My Comrn~ssio~ Expires: 991'2 06485 EXHIBIT "A" STREET DEDICATION FIELD NOTES 4376ESMT BEING a tract of land for street dedication situated in the James Parrish Survey, Abstract No. 1139 and the John C. Cook Survey, Abstract No. 315, City of Coppell, Dallas County., Texas, and being part of a T.P. & L. Co. easement as recorded in Volume 657, Page I06 and Volume 85077, Page 3299 of the deed records of Dallas County, Texas, said street dedication being more particularly described as follows; BEGINNING at a point on the southerly line of a 20 foot alley and the northerly line of said T.P. & L. Co. easement, said point being N 78° 41' 41" E, along the common line between said 20 foot alley and T.P. & L. Co. easement, a distance of 142.72 feet from the most southerly southwest comer of replat Phase A Northlake Woodlands East No. 10, an addition to the City of Coppell as recorded in Volume 88006, Page 4454 of the deed records of Dallas County, Texas; THENCE, N 78° 41' 41" E, along said common line a distance of 50.97 feet; THENCE, S 00© 05' 58" E, a distance of 82.61 feet; THENCE, Around a tangent curve to the right having a central angle of 07° 00' 08", a radius of 275.00 feet and a chord bearing of S 03° 24' 06" W, an arc distance of 33.61 feet; THENCE, S 06° 54' 10" W, a distance of 21.85 feet; THENCE, S 34° 58' 07" E, a distance of 14.89 feet; THENCE, .~'~round a tangent curve to the right having a central angle of 04° 21' 0Y', a radius of 275.00 feet and a chord bearing of S 73° 37' 21" E, an arc distance of 20.88 feet; THENCE, S 71° 26' 49" E, a distance of 24.84 feet; THENCE, S 78° 41' 41" W, along the southerly line of said T.P. & L. Co. easement, a distance of 196.75 feet; THENCE, .~round a non-tangem curve to the right having a central angle of 49° 25' 00", a radius of 275.00 feet and a chord bearing of N 71° 05' 18" W, an are distance of 237.18 feet; 991'24 06486 THENCE, Around a reverse curve to the left having a central angle of 19° 36' 09", a radius of 225.00 feet and a chord bearing of N 56° 10' 53" W, an arc distance of 76.98feet; THENCE, N 78° 41' 41" E, along the northerly line of said T.P. & L. Co. easement, a distance of 74.66 feet; THENCE, Around a non-tangent curve to the right having a central angle of 06° 48' 15", a radius of 275.00 feet and a chord bearing of S 49° 46' 56" E, an arc distance of 32.66 feet; THENCE, .&round a reverse curve to the left having a central angle of 56° 17' 20", a radius of 225.00 feet and a chord bearing of S 74° 31' 28" E, an arc distance of 221.04 feet; ~CE, Around a reverse curve to the right having a central angle of 12° 16' 20", a radius of 275.00 feet and a chord bearing of N 83° 28' 01" E, an arc distance of 58.90 feet; THENCE, N 48° 46' 26" E, a distance of 14.89 feet; THENCE, N 06° 54' 10" E, a distance of 21.85 feet; THENCE, Around a tangent curve to the left having a central angle of 07° 00' 08", a radius of 225.00 feet and a chord bearing of N 03° 24' 06" E, an arc distance of 27.50 feet; THENCE, N 00° 05' 58" W, a.distance of 72.71 feet to the PLACE OF BEG~qNING and containing 27,494 square feet or 0.6312 acres of land. 991'24 06487 EXHIBIT B pHASF' A NoiRTHLAKF_REPLATwooDLANDS F,AST NO. 10 ( Vol.88006, pg.4.454 ) LOT 1 \ POB ~ -4,1 "';'~~ 50' . '.m ;, ,. - c.~. . X ~ ": , \ .'o~,,, c. coo,, s~.,~ ~ :~,,-i'~-~ ~.~g -~ Z,,~Tx, ........ ~.7~ ----~ ~o ~ ~ 75' ~- 62 ¢-.~ -'-'- :~' . "w i ~ ~ ..4. ~ ~ o- $78.44 'e4/Z~O4D ~ CURVE TABLE LINE TABLE CURVE RADIUS DEL TA TANGENT LENGTH CHORD i BEARING TANGENT BEARING i LENGTH C-, 275.00' 07'00'08' '`6.82' 3J. 6'`' 33.59' i f 03'24'06' W~ TT S 06'54',0" w I 2'`.85' C-2 275.00' 04'21'0J" ~0.45' 20.88' 20.88' ~ 73'J7'21"~ C-J 275.00' 49'25'00" '`26.5J' 237.'`B' 229.90'; N 71'05'18' W T2 S J4'58'07' E i !4.89' C-4 225.00' 19~6'09'" 38.87' 76.98' 76.60' I N 56'10"55' W rJ S 71'26'49" E ' 24. B4' C-5 275.00' 06'48'15" 16. J5' J2.66' J2.64'I S 49'46'56" E T4 N 48'46'26" E ' 14.89' C-6 225.00' 56'17'20" 120.36' 221.04' 212.26' S 74'Jf28' '--C T5 N 06'54"i0' E 21.85' C-7 275.00' ;2'16'20' 29.56' 5B. 90' 58.79' N 8J,'2B'01' E C-8 225.00' 07'00'08" ,,3.77' 27.50' , 27.48' N 0J'24'06' E ,'~J TIPTON ENGINEERING. INC. TIlE HOLLOFS ~ NORTI-rL4KE FOODLANDS //~ 5330 8roodwoy :llvd. - SukeC ~ BEPUT OF NORTHLAEE .OODLAND$ E~ET P~ 8 .. Goncne, -exas 75043. Ph. No. 226--2967 JAMES PABRISH SURVEY, ABSTRACT NO. 1139 O~,.WN CH~:C:KgOi O~.T~ SC,U.~ =o- No. JOHN C. COOK SURVEY, ABSTRACT NO. 315 il/98 1"=I00' CITY OF COPPEr. L, DAU4S COUNTY, TEXAS 991'2L 06[ 88 EXI-IIBIT "A' EMERGENCY APPARATUS ACCESS EASEMENT METES AND BOUNDS DESCRIPTION 4376AE1 BEING a tract of land situated in the James Parrish Survey, Abstract No. 1139, City of Coppell, Dallas County., Texas, the subject tract being a portion of a tract of land conveyed to T.P. & L Company according to the deed recorded in Volume 3887, Page 110 of the Deed Records of Dallas County, Texas (DRDCT), the subject tract being more particularly described as follows: COMMENCING at the southeast comer of a tract of land conveyed to N.L.W. Development Group according to the deed recorded in Volume 95159, Page 4187 (DRDCT), and the southwest comer of said T.P. & L Company tract; THENCE, N 29° 13' 59" E, along the common line between said N.L.W. Development Group and T.P. & L. Company tracts, a distance of 715.44 feet to the PLACE OF BEGINNING of the herein described tract of land; THENCE, N 29° 13' 59"E, a distance of 24.00 feet THENCE, S 60° 43' 06" E, a distance of 100.00 feet; THENCE, S 29° 13' 59" W, a distance of 24.00 feet; THENCE, N 60° 43' 06" W, a distance of 100.00 feet to the PLACE OF BEGIN~NING with the subject tract containing 2,400 square feet of land. 99 1'2 06489 EXHIBIT PROPOSED ~--'2'~'-'"'"~"'~ THE HOLLO~rS ~ NORTHLAK~ ~FOODLANDS ~D REPOT OF NOR~ FOOD--S ~ p~ 8 [ P~CE OF BEGINNING / 34 N.L. ~. DE~LOPMENT ~NOUP / i / ST. LOUIS & SOUTHW/ESTEP~V ~ILRO,4D ,.-~. TIPTON ENGINEERING. INC. E~ERGENCY APPARATUS //~' 6,:330 igroociwcy ~tv¢. ~ Suite C ACCESS G~r~anc. Texas 750~3. =~. No. 226--2967 ~E HO~OFS ~ NOR~ FOOD--S DRA~ CHEC~D! DATEI .~ SC~ [ JoB No. J~S P~ ~ db 5/99 i l"=~00'~ 4~76 CI~ OF COPPE~, D~r.[.4S COUNt, TE~S 991'2 06/490 DRAINAGE EASEML~T METES AND BOUNDS DESCRIPTION 4376DE2 BEING a tract of land situated in the John C. Cook Survey, Abstract No. 315, City of Coppell, Dallas Counw, Texas, the subject tract being a portion of a tract of [and conveyed to T.P. & L Company according to the deed recorded in Volume 3887, Page 110 of the Deed Records of Dallas County, Texas (DRDCT), the subject tract being more particul, arly described as follows: COMMENCING at the southeast comer of a tract of land conveyed to N.L.W. Development Group according to the deed recorded in Volume 95159, Page 4187 (DRDCT), and the southwest comer of said T.P. & L Company tract; THENCE, N 29° 13' 59" E, along the common line between said N.L.W. Development Group and T.P. & L. Company tracts, a distance of 106.57 feet to the PLACE OF BEGINNING of the herein described tract of land; THENCE, N 29° 13' 59" E, a distance of 25.61 feet; THENCE, S 73° 15' 30" E, a distance of 50.00 feet; THENCE, S 29° 13' 59" W, a distance of 25.61 feet; THENCE, N 73° 15' 30" W, a distance of 50.00 feet to the PLACE OF BEGINNING with the subject tract containing 1,250.00 sq;mre feet of land. 99 1'2t 06% 9 1 EXHIBIT "B" / PNOPOSED / /' THE HOLLOWS ~ NORTHLAKE ~rOODLANDS / AND REPLAT OF NORTI-iLAKE ~OODLANDS FA,ST PHASE 8"'""... ..~c~ / / / ~. // / .~ N.L. ~. DEVELOPMENT GROUP ~ ~/ / ~ / (~ . / -¢.~ I ~ I (j .~. PLACE' OF BEGINNING ~. ~" f ~._a-~ 4~ ~ .,,' /"&~,... '~ / ~.~ ST. LO UI$ dc $0 UT~$TERN ~4ILROAD ,'.--'j"/~.~'~iTIPTON lgNGINEEI~ING, INC. DRAINAGE EASMENT Gar, end. -exos 750~.x.. ~h. No. 226--2967 T~ HO~O~S ~ NOR~~ ~OOD~DS ~ "=100' db ~ 5/99 ~i 4~76 CI~ OF COPPE~, DA~.L4S COUNt, TE~S 991'2~ 06~92 EXHIBIT "A" DRAINAGE EASEMENT METES .~ID BOUNDS DESCRIPTION 4376DE 1 BEING a tract of land situated in the James Parrish Survey, Abstract No. 1139, City. of Coppell, Dallas County., Texas, the subject tract being a portion of a tract of land conveyed to T.P. & L Company according to the deed recorded in Volume 3887, Page 110 of the Deed Records of Dallas County., Texas (DRDCT), the subject tract being more particularly described as follows: COMMENCING at the southeast comer of a tract of land conveyed to N.L.W. Development Group according to the deed recorded in Volume 95159, Page 4187 (DRDCT), and the southwest comer of said T.P. & L Company tract; THENCE, N 29° 13' 59" E, along the common line between said N.L.W. Development Group and T.P. & L. Company tracts, a distance of 777.82 feet to the PLACE OF BEGINNING of the herein described tract of land; THENCE, N 29° 13' 59" E, a distance of 22.29 feet; THENCE, S 86° 59' 08" E, a distance of 44.01 feet; THENCE, S 03° 00' 52" W, a distance of 20.00 feet; THENCE, N 86° 59' 08" W, a distance of 53.86 feet to the PLACE OF BEGIN,.~ING with the subject tract containing 979 square feet of land. 991'2t, 06t 93 EXHIBIT "B" 3~~ 3 3 PROPOSED J ~ \ ' THE HOLLO~[S ~ NORT~LAKE ~[OODLANDS -- /\ / ~ ~T OF NOB~ FOOD--S ~ P~E 8 ~/ / N.L. W. DE~LOPMENT GROUP ~ ~ ' / P~CE OF BEGINNING ' ' 34 ~ III ST. LOUIS & $OUTHR~$TEBN I~LRO~CD ..'~J TIPTON ENGINEERING. INC. DRAINAGE EASMENT ,~ 5330 ~roacwoy ~!va. ~ Suite C L' 3or, ond. texas 75043. 0~. ~o. 226-2967 THE HO~O~S ~ NOR~ ~OOD~S db 5/99 I"=100'~ 4376 CI~ OF COPPE~, D~S COUNt, ~S EXHIBIT "A' EMERGENCY APPARATUS ACCESS EASEMENT METES AND BOUNDS DESCRIPTION 4376AE2 BEING a tract of land situated in the James Parrish Survey, Abstract No. 1139, Ciw of Coppell, Dallas County., Texas, the subject tract being a portion of a tract of land conveyed to D.P. & L Company according to the deed recorded in Volume 4594, Page 302 of the Deed Records of Dallas County., Texas (DRDCT), the subject tract being more particularly described as tbllows: COM,MENCING at the southeast comer of a tract of land conveyed to N.L.W. Development Group according to the deed recorded in Volume 95159, Page 4187 (DRDCT), and the southwest comer of a tract of land conveyed to T.P. & L Company according to the deed recorded in Volume 3887, Page 110 (DRDCT); THENCE, N 29° 13' 59" E, along the common line between said N.L.W. Development Group and T.P. & L. Company tracts, a distance of 715.44 feet; THENCE, S 60° 43' 06" E, a distance of 100.00 feet to the PLACE OF BEGINNING of the herein described tract of land; THENCE, N 29° 13' 59" E, a distance of 24.00 feet; THENCE, S 60° 43' 06" E, a distance of 130.00 feet; THENCE, S 29° 13' 59" W, a distance of 24.00 feet; THENCE, N 60° 43' 06" W, a distance of 130.00 feet to the PLACE OF BEGIN~-NING with the subject tract containing 3,120.00 square feet of land. 99 ['2t 06t 9§ EXHIBIT "B" \ 32 ! 33 PROPOSED \ ~ " THE HOLLOFS ~ NORT~ FOOD~DS ~D ~P~T OF NOR~ FOOD--S ~ P~E 8 34 / / N.L. ~. DE~LOPMENT GROUP cq~ / ~ ~ · / ST. LOUIS & SOUTIIFESTERN ~O~D ,~J TIPTON ENGINEERING, INC. EMERGENCY APPARATUS ~W ~o ~oo~,oy ~,vo. ~ ~.~t, c ACCESS EASMENT :' 3ar:~na, -exo$ 75043, ~h. No. 226--2967 THE HOLLOWS ~ NORTHLAKE FOODLANDS J DRAW/W CHEC~CED! DATE ( SCALE j =OS NO. JAMES PARRISH SURVEY ~ ABSTRACT NO. 1159 , db i 5/99 {I "=I00'{ 4376 CITY OF COPPELL, DAr. r.,¢$ COUNTY, TEX.4$ 99 06496 CONSTRUCTION LIMITATIONS ON TU ELECTRIC COMPANY RIGHT-OF-WAY You are notified, and should advise your employees, representatives, agents, and contractors, who enter the property that they will be working in the vicinity of high voltage electrical facilities and should take proper precautions, included but not limited to the following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code. Blasting is not to be permitted on Company right-of-way or under Company lines. Grading will be done in order to leave the right-of-way as near as possible to present condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on right- of-way. Slopes shall be graded so that trucks can go down the right-of-way when required and such that they can be mechanically maintained. Street or road crossings are to be based on drawings submitted. Any change in alignment or elevation will be resubmitted for approval. No signs, lights or guard lights will be permitted on the right-of-way. Equipment will not exceed 15 feet in height when operated under the electrical lines. Fencing will not exceed 8 feet in height and will be grounded, at 10' intervals, with an appropriate driven ground. Gates should be at least 16' in width to allow TU equipment access to the right-of-way. No dumpsters will be allowed on TU Electric right-of-way or fee owned property. Drag lines will not be used under the line or on Texas Utilities Electric Company right-of- way. Shoring will be required where excavation is within 10 feet of a structure and will extend 20 feet each side of the centerline of the structure. Shoring will be sufficient to withstand the added load of the structure and its footing. Shoring shall not be left open for extended periods of time, except when pipe or underground facilities are installed, shoring shall be removed and properly backfilled as soon as practical. Backfill will be thoroughly tamped. Water tamping will not be permitted within the area. RightTof-way will be protected from washing and erosion by the method approved before crossing permits are granted. No obstruction shall be installed on the right-of-way that would interfere with access to Texas Utilities Electric Company structures or prevent mechanical maintenance. Before any work is done under Texas Utilities Electric Company lines or by Texas Utilities Electric -C--ompa ny-structu-res-nofify-the-Manag er-of-Dallas-Regio n-T-ransm issio m-(9-7-2-) -7-2-1 -- -- 6257. Brush and cut timber will not be piled or stacked on Texas Utilities Electric Company right- of-way or not be burned upon or in close proximity to the conductors or towers. EXHIBIT 991'24 061.1.97 FILED JUN 2 ~ ~H 8: ~ Q ~"~" "~"~ '~ . ~A~ OF ~ COU~ OF t ~ ~ mis in~ ~ fl~ ~_~a~ .and tim~ ~m~ ~ ~ ~ a~ was amy ~om~ ~n ~e va~um~an~ ~ ~ ~, --~"" ' ~:' .... ~ ....~ ~[~' ~m~~a~e of ~e na~ ~s o1 Dallas ~n~, T~ ~ ~ P~ · ~ ~,i~ JUN D.ALL.~ ~ COU~ C~R~ Dallas Count, T~as 99 06 98