Forest Cove 1-CS 970730 '~/ '"/----~~ P.O. Box 478
~/ /~--~: The C ty With A Beautiful Future CoppelI, Texas75019
. , : 214-462-0022
/' ..,,-~,.;' /.-----, ~
July 30, 1997
Pacific United Development Corporation
c/o Myron D. Dornic
Jenkens & Gilchrist, P.C.
1445 Ross Avenue, Suite 3200
Dallas, Texas 75202
,c/t/ o?/¢ ~'~-- ~o~7
RE: Forest Cove Estates
Dear Mr. Dornic:
This letter is written in response to the revised easement document provided to the City of
Coppell on July 29, 1997. My concern with the original easement document was that the right-
of-way was being dedicated to TU Electric and the City would have to go through the process
of reacquiring the right-of-way in the future. I suggested that the entire 40 foot area be
dedicated to TU Electric as an easement. My review of the revised easement document shows
this has been accomplished by number z on Page 2.
Two other items about the easement also concern me:
1. Page 2. the discussion about powerlines shall be no closer than 5 feet to the future
property line. While this may be accomplished when Sandy Lake Road is reconstructed,
there is no guarantee that sidewalk improvements or grade considerations will allow
powerlines to be no closer than 5 feet to the future property line. There could be
instances where the powerlines are placed closer to the future property line than the
referenced 5 feet. This will be determined during the actual design and construction of
Sandy Lake Road.
2. Page 3, the discussion about the grantor may construct a privacy wall up to 10 feet in
height along the entire perimeter of the building line. Please be advised that City
regulations do not allow for any fence in excess of 8 feet in height. There should be
no misunderstanding about the wording of this document. This document will not
supersede the City of Coppell's regulations in the height of the fence.
Thank you for the opportunity to provide a courtesy review of this easement document before
it is granted to Texas Utilities Company.
Ke~.Sincerely' Gr~..~.Ey
Director of ~ neering and Public Works
-- Lone Star RECEWEO
-- - Pipeline Company
FEB 2 0 t997
1931 East Sixth St. S~pe,~sor / Dallas Unit
Irving, Texas 75060 CA~'['ER 8~ BURGESS, %N(~. T.W. Rudd
Metroplex District
Phone: 2 ] 4-579-0232
January 18, 1997
Mr. Terry Mitchell
CARTER & BURGESS, INC.
7950 Elmbrook Drive, Suite 250
Dallas, TX 75247
Re: Forest Cove Estates/Lone Star Pipeline Co.
Line W(24'9
Dear Mr. Mitchell:
Paving and utilities are allowed to cross the subject easement subject to the following guidelines.
-Ali crossings will be at or as close to ninety degrees as possible.
-There will be no grade changes over the pipeline without written approval from Lone Star
Pipeline Co.
-All utility crossings will be at a minimum clearance of eighteen inches and will be below
the pipeline.
-All electric, telephone and cable crossings will be in steel casing for ten feet either side
of the pipeline.
-There will be no work within the easement without forty eight hour prior notice to this
office.
-Heavy equipment crossings over the pipeline may be required to cross at only one place
and may be required to build a dirt ramp over the pipeline. This will depend on the actual
depth of the pipeline.
I trust this answers your questions. Ifl can be of further assistance, please let me know.
Wes Rudd
10:21 am ......
After Recording. Please Return To:
Scott Moron
Burford & Rybum, L.L.P. WA No.:
3100 Lincoln Plaza Tract No.:
Dallas, Texas 75201-3320 ER -
EASEMENT
THE STATE OF TEXAS §
§ IG¥OH" ALL MEN BY THESE PRESENTS:
COI. j:'N'I'Y OF DALLAS §
That J. Steve Anderson, HI, as Trustee for Sandy Lake Road Limited Partnership, hereinafter
called ':Grantor," whether one or more, for and in consideration often and No/100 Dollars ($10.00)
and other valuable consideration (which consideration includes the Company's execution of that
certain "Partial Release Of Easement" dated of even date herewith, effecting a partial release oft he
Company's fights under that certain blanket easement and right of way for an electric transmission
or distribution line or system dated December 9. 1941, granted to Brazos River Transmission Electric
Cooperative, Inc., recorded in Volume 92167, Page 1781, Deed Records, Dallas County, Texas
(which blanket easement was assigned to the Company pursuant to that certain "Sale And
Assignment" instrument dated August 26, 1985, executed by Brazo$ 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
1601 Bryan Street, Dallas, Tenas 75201-341 l, hereinafter referred to as "Company," has granted,
sold and conveyed mad 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 vm-iable 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,
As described on l~.xhibit "A" (attached), entitled "Tract A Field Notes," a metes and
bounds description oft. he fffieen foot (15') 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 furore location of a Company electric transmission line (following the
proposed future widening of Sandy Lake Road), road fight-of-way dedication, the
wall, trail and utility easement, and the five foot (5') aerial easement area.
Grantor and Company acknowledge and agree that this Easement is intended to provide the
Company with (a) casement rights for the Company's existing overhead power lines (the "Existing
176.~_3 -
REDLhNE
Lines"), which as of the Effective Date of this instrument are located along the "Existing Property
Line" show'n on Exhibit "B" attached to this instrtunent, and (b) all easement rights which the
Company will ever require from Grantor or Grantor's successors or assir, ns after the Effective
Date 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 future
widenin$ of the adjacent Sandy Lake Road). The Company acknowledges that (x) prior to the
Effective Date of this Easement, Grantor has contracted to sell thc real property encompassing thc
entire easement area referenced herein and Grantor's Adjacent Properly (described below) to
Pacific United, L.P., a Texas limited partnership (""Pacific United"), (y) Pacific United intends to
develop Cmmtor's Adjacent Property into single-family lots for thc sale to builder~ for the
construction of singlc-farnily residences, some of whose exterior walls will be located on the
southern perimeter boundary of the five foot ($') aerial easement granted to the Company hereunder,
and such homes may overhang into the five foot (5') aerial easement area as provided herein and
depicted on Ex,hibit "B", and (z) shortly following the Effective Date of this Agreement, Pacit:i¢
United intends, following the requisite City of Coppell approvals, to record a final plat covering the
entire easement area encumbered by this instrument, as well as an approximately ~$.099'*- acre
adjacent tract owned by Grantor on the Effective Date hereof, more particularly described on
Exhibit "C" attached hereto and made a pan hereof (the "Grantor's Adjacent Property"), which
plat recordation will (i) effect a dedication to the City of Coppell of the fii~een (15) foot wide portion
of the easement area depicted as 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 Compan¥a
provided that any such utility does not interfere with the safe and efficient operation of the
Company's facilities. The Company hereby acknowledges and agrees that all structures, mad
facilities, and the base of all transmission poles, will be located no fizahcr south th~ ten (10) feel
from thc "Exiating Property Linc" dc'picted on within the fifteen foot (15'~ road rb,ltt-of-wav.
dedication depicted on Exhibit "A" and Exhibit "B" attached hereto, and under
circumstances whatsoever shall any Comosnv structures, facilities, or the base of any
transmis,slon ooles be located south of the UF_uture_ Pro~ertw Line" shown nn Exhibit "B"
.attached hereto. The Coml)anv further aeknowledoes and at, ret'i_ that. orovidei}
pnencumbered soace is availa_b_l.e an_d other vovernmental ajmrovals for olacement can be
obtl~ined, all struct-res, facilities, and the base of all transmission ool~s will be located
further so-th than ten {10l feet from the "Existin~ Prooertv Line" dcoicted, on Exhibit
attached hereto~ providing a minimum of thirty (30) feet of horizontal clearance on the i~roun~d_
between (i) the base of any future Company structure, facility, or pole, and (ii) the southern perimeter
boundary of the five (5) foot widc aerial easement area for the aerial easement granted hereunder to
the Company, withi~ thc fift~n foot 05')road f, ght of way dedication, as depicted on Exhibits "A"
and "B" (attached). If unencumbered sl~ace is not available or ~overnmental aoorovals can not
._be obtained by the Comoanv to ~tdkere to the thirty ~30~ foot horizontal clearance on the
ground reouirement.n of the oreeedin~ sentence, then th_e Comoanv shah use the Comoanv's
best efforts to locate ali Comoanv str~,ctures, fa_eilities, and the base of all transmission ooles
a.n close as oossible tn t~e east/west line ten feet (10'} soRth of the Existim, Prooertv Line shown
on Exhibit "B" attached heretq_/i._e., the east/west line denoted as the "Aooroxirnate Location
.f Future _13$KV Transmission Line" o_n Exhibit "B" attached hereto).~. [~rovided that the
17654_3 - 60T25/0000~
REDLINE 2
__Com.panv acknowledges that in any event, all Comoan~ structures, facilities, and the base of
all transmission poles must be located north of the "Future Property Line" deoicted on
]Exhibit "B" attaehed hereto. The Comonnv also ncknowledoes that, ns to the five foot
wide ~[~rinl easement grant hereunder depicted on Exhibit "W', the scope of this aerial
easement p. rant is strictly limited to the area above twenty.two feet (22'] fram around level.
Under. rLo circumstances whatsoever shall any Compan,' transmis.~ion lines ever sway furth .~r
south than_th_e southern pej_}~e_ter boundary, of the five foot (5') wide aerial easement area.
Together with the fight of ingress and egress over and along the portion of the easement area
north of thc Wall (described below') (but not over and along any other adjoining property owned by
Grantor, or Carantor's successors or assigns), for the purpose of and with the right to construct,
operate, knprove, reconstruct, repair, inspect, patrol, maintain and remove such electric power lines
and telecommunications facilities as the Company may from time to time fred necessary, convenient
or desirable to erect thereon, the right to relocate its _F'aciL{fies along thc samc general direction of said
Exis*/ng Lincs only in strict accordance ~Ath the terms of this Easement instrument, the right to trim
trees and shrubbery in thc casement area, to the extent same exceed twenty-two feet (22') in height,
if in the sole judgment of~c Company, necessary to prevent possible interference with thc operation
of said lines and facilities or to remove possible hazard thcreto, and the right to remove at Grantor's
expense or to prevent the ¢onsLruction e~ in the ems6men! and rightof-,a'ay area of any or all
buildings, structures and obstructions (except that Grantor and Cn'antor's successors and assigns may
construct a privacy wall (thc "Privacy Wall") up to ten (10) feet in height along the entir~ l~timetcr
boundary of the "Building Line" depicted on ~Exhibit "B" attached hereto), and th~s agreement,
together with the other provisions of this grant, shall constitute a covenant running with the land for
the benefit of the Company, its successors and assigns. The rights hereby granted are severable and
may be assigned either in whole or in part.
Grantor rc~crvc~ and Crantor's successors and assi~s reserve the fight to use the
easement area, provided such use shall not include thc growing of trees thereon in excess of
twenty-two (22) feet tn height at maturity, or any o~her use that might, in the sole judgment of the
Company, interfere with the exercise by the Compmay of thc fights hereby granted. Grantor fm~aea.
~_-~e,v~,~ and Grantor's suee_essors and assigns further reserve the right to lay out, dedicate,
construct, maintain and use across said easement area strip, such roacis, streets, alleys, railroad tracks,
tmderground telephone cables and conduits and gas, water and sewer pipe lines as will not interfere
with Company's use of said easement area for the 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
clearances provided by law and recognized as standard in the electrical industry.
The fights in'anted to the portion of the easement area described and depicted in l::.xhibits "A"
and "B" attached hereto and made a part hereof for all purposes, as to the five foot (5') aerial
easement are as follows:
Grantor and Grantor's successors and assigns shall have full rights to utilize the five
foot (5~ area between the "Building Line" (depicted in F~xhibit "B") and any smacture
built on the Grantor's Adjacent Property up to a height of twenty-two foot (229 from
176~4 ~ - 60?2.~100~
REDLINE 3
ground l~'el. No structure, obstruction, or activity shall be permitted wlmtsoever
within the five foot (5') aerial easement 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 consideration above recited fbr the casement hereby granted, the Company
v,411 pay to the owner of the land, and, if le~ed, to his tenm~t, as they may be respectively entitled,
for actual damages to fences and gxowing crops and improvements located on the easement caused
by reason of the construction, maintenance or removal of said lines and facilities; provided, however,
that no such payment will be made for trimming or removal of trees hereafter permitted to grow in
the easement area, nor for removal of buildings, structures, or obstructions erected upon the
easement area a_tier 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 ,vent said
easement shall cease and all rights lierein granted shall terminate and revert to Grantor or Grantor's
heirs, successors or assigns; and Grantor hereby binds himself, his heirs, successors, assigns, and
legal representatives, to warrant and for~ver defend the above described easement unto Company,
its successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any pan thereof.
This Easement may be executed in multiple counterparts, each of which shall be
deemed and ori~,inal, and all olwhich loeether shall constitute one and the same instrument.
EXECUTED this day of July, A.D. 1997 (the "Effective Date").
J. STEVE ANDERSON, III, as Trustee of Sandy Lake
Road Limited Partnership, a Texas general limited
parmership acting pursuant to the terms of that certain
Restated Limited Partnership Agreement and
Certificate of Limited Partnership of Sandy Lake
Road Limited Partnership dated August 19, 1980
By:
Name: J. Steve Anderson, HI
TEXAS UTILITIES ELECTRIC COMPANY
By:
Name:
Title:
REDLINE 4