Latter-day-ES 851127PUBLIC UTILIT~ EASE~I~T
T~E STA~ OF :r~,AS X
X
31,00
THAT, the undersigned, ~I~I~D I~ZEST~ENT GROUP, a Texas General
~art.~ership, hereinafter referred to aa Grantors, whether one or
more, for and in consideration of the sum of ONE DOLLAR {$1.00) to
Grantors in hand, paid by the City of CoppelI, Texas, the receipt
of which is hereby acknowledged and the further consideration that
the btnefits to be derived by Granters from the placing of storm
~ewers and underground public utilities, including and limited to
~aLer mains, sanitary sewer mains, gas mains, underground electric
lines, underground telephone and telegraph lines smd underground
cabi~ for security services and televi£ion, through the premises
hereinafter described, have this day granted and conveyed and by
th¢3e present3 do hereby gran~ and convey untn the City of C%ppell,
Tartar, a Runicipal Cucpo~ation, situated in Dallas County, Texas,
an (ase~.Iunt t~ -en~truct, reconstruct and ~erpetually maintain
~c]:sed ~Lorm cewurs and underground public utilities, including
and .limited to water main3, sanitary srwer mains, g~s mains,
u..car~round electric lines, underground telephone and telegraph
line3, an~ underground cable for security services and television
and surface facilities a~ required, but in no case the use of
~verhead aerial facilities, or authorize such construction by any
public u:ility company, in, upon and across the following described
lan~, to-wit:
All that certain tract, piece or parcel
of land lying and being situated in the
County of Dallas, State of Texas,
descri~ in Exhibit "A" at~.ached hereto
smd made a part hereof for all purposem,
to which reference ia hereby made for a
mor~ particular description of said
property (the "Eaoemen~ Aras";;
T~) HAVE AND TO HOLD, the same to the City of Coppell, its
~ucc~srors and assignl, togethe= with the right and priv~lege at
a~' eno all tim~s to enter said premises or any part thereof, for
th~ purpose of constructing and maintaining said storm drainage
f~ci]ities and underground public utilities, and for making
connections therewith, provided, however, the foregoing grant, sale
3nd conveyance of the Easement Area is ~xpressly subject to the
follow~ng condi:io~s:
~. -n tls event that the Grantee, its uuccussor~ and/or assigns
d:~¢ontinue the use of the Easement Area for the pu£poaes desc[ibed
%creinabove, this Easement shall terminate and be of no furt~e~
~'~ce and effect~
2. If, in exercising Grantee's rights in such Easements Area or
a~ea$ appurtenant thereto, Grantee causes any change in or injury
to the Easement Area, the property appurtenant thereto or any
improvements on said Easement Area O~ the property appurtenant
thereto, Grantee, within a reasonable t%me after the exercise of
3uGh rights, shall reasonably restor~ the Easement Area, the
property appurtenant thereto and/or such improvements to a similar
co~d~tion existing prior to the change or injury; and
3. This grant is made subject to the rights of the public and
Gra~tcr t~ use the surface of the Easement Area for pedestrian and
,,ehicular ingress, egress and access to and f~om ?roperty
appurtenant to such Easement Area and such other uses as do not
unreasonably inte£fere with the permitted use of the Easement Area
~y Grantee.
T~ILAND INVEh~Z~TG~UP
a Texas General Partnerchip
R~ALT~ON ~OLDINGS, INC., a
Texas Corporation, one of Three
General Partners
£T~TE OF TEX.%S ·
CO~TY OF D~T.r-%~; ·
BE~OR~ ~E, the undersigned authority, a Notary Public in and
f~r State of Texas, on'this day personally appeared ~dwsrd P. Rem,
~resident of H~ALTRON ROLDINGS, ~C., a Texas Corporation, one of
these General Partners of TH/LAND I~E~I~qE~T(~%OUP, a T~xas General
Partnership, known to me to be the person and officer whone n~me
is ~u. Lscribed to the fo::egoing instrument and acknewledge~ to me
%hat the same was the act of said REALTRON BOLDI~GS, INC. in its
cana:~ty aa the General Partner of TRILAND I~VEST~NT GROUP, and
that he executed the same for the purpose~ and consideration stated
thereiD.
~VEN UNDER MY BA~D AND SEAL OF OFFICE this ~/~- daw O~
~ ~,'~"~% 1985.
N~ta~ Public, State o~ Texas
~7 Commission Expirest
(Prlnt~ ot Typed Name of Notary)
32q9
LI~K~LDKR'S CONSENT AKD SURO~DINATION
The under=lgned holWer'of liens against the £a~emunt Tract set
fo=th heretnabove, he£eby c.onsenta to the grant ~E this £asemen~-
and ogress that the liens evidenced by (il that certain Deed of
:~ucu:aA in Volume 84086, ·Page 2407, Deed of T=u2t ~ecor~s, Dallas
Court:y, Texas, securing payment cf one ce=thin ~[om£~ory Note of
$'f,?St,0O0.O0, sa~d }lots ahd Deed of Trust modified by
Mooi~ication of Note and Lien dated October 17, 1984, recorded in
%'elude 94212, Page 0?10t Deed Fecorde, Dalla~ County~ Texas,
e~cuted by Trlland investment Group payable to tho order of and
held b'! the undersigned and (ii) that certain Deea of Trust to
.'.ocu:c ?~rformance dated April 18, 1984 ex~cuted by Trlland
Investment Group to ~dw&~d A. Peterson, Truste~ recor~-~ %a Volu~e
~408~, Page 2450, Dee4 of Trust Records, Ds~la~ Ccunty, Te~s,
.'-r£~rmance owned ~y Triland Investment G~oup representing the
c~nt]ng~nt portion of a commitment fee to the u~detsigncd,
h~rehy su'ordinated, in all respects, to the p[ovisions of
-'twATq .DF TZX,'~q X
T~ORE H~, t~e un~et=lgne~ authority, a Notary ~ub~c ~n and
,:, ~:,~ S~=~ o~ on this day personally
"'.';w.. =o me u,, be the ~et~on and officer ~hooe name Is
t t~e fote3oing ~nstrument, and acknowledged to me that
~er ted the same ~o~ the purposes and consideration thece~n
e ~,tC 'ued.
"-L' of _ ///,','/,j/,,', · , 1985.
Notary' Pubic, State o~ Tex~s
~..*~*V~U.... ..
· ' ". i v . .~. '~.,
EXHIBIT A
Page 7 of 12.
Being a tract of lar~d situated in the Patience Piles Survey, Abstract No.
1137, and the B.B.B. & C.RoR. Survey, ~l~stract 1~. 199 in the City of
CogDell, Dallas County, ?e~as angJ being ~ore particularly described as
fOllONS:
~!L~!_N~, at an iron rod found in the intersection of the W~st right-of-way
l~ne of MaCArthur Boulevard (100 foot wide) and the North right-of-way lt n~
of ParkNa¥ Boulevard (65 foot ~Ide) said point bein~ the beginning of a non-
tangent curve to the right ~ose center bears N 33' 5~' E~' W~ a disease of
~.00 feet;
~_H~__r~_~, ~ith said curve to the right having a central angle of 01' I~'
a tangent length of ?.5~ feet and an arc length of 15.08 feet to an iron rod
set and being the begtnnin9 of a non-tangent curve to the left ~hose center
bears S ~' 36' 39' W, a distance of ~55o00 feet, said point also being 15
feet parallel to the ~st line of MacArthur Boulevard~
~ along said curve to the left having a central angle of 35'
a tangent lenqth of 87~.g5 feet a~d an arc length of 16g~.38 feet to an iron
rod set~
~_~_~:~, N 6E' 37' 39' W, a distance of. E03B.I5 feet to an iron rod set and
the beginning of a circular curve to the right ~t~ose center bears N ~7' ~'
~' E, a ~istance of 865.00 feet:
~_~_~_~__~ with said curve to the right having a central arkie of ~q' 03'
a t~ngent length of 18~.3~ feet a~ an arc leith of 363.~5 feet to a iron
~_~, N 51' e~' 01' E, alo~ said East ll~ of So.el Boulevard~ a
disrobe of 15.00 f~t to an iron rod fou~, said point bei~ the
intersection of the Easterly' ll~ of Samuel Boulevard a~ the West line of
MacArt~ur Boulevard a~ the beginning of a ~n-ta~ent curve to the left
.hose center bears N 51' ~6-' 01' E~ a disrobe of 850.00 feet~
~, alo~ t~e ~t tl~ of said MacArthur Boulevard a~ said curve
the left havt~ a central a~i~ of e~' 03' ~0', a ta~ leith off IBl.15
feet a~ an arc leith of 3~.95 f~t to a an Iron rod fou~;
~ S ~' ~' 3~' ~ ~tth ~e ~t ll~ of said ~c~thur Boulevard a
'~lsta~e-- of ~.15 f~t to an iron rod fou~ a~ t~ b~lnfll~ of a
Circular curve to the right '~ose center bears 9 ~' ~' ~' W a ~lstaK!
~??0.001
[_~i~_~, Nith said ~st lin~ of Mac~'t~r Boulevard and said circular curve-
to the right a~ havl~ a central a~le of ~' I~' ~1') a talent leith of
B~.~ feet a~ an arc leith of i~.O~ feet to the ~INT ~ BEGI~I~{
~_~.~9[~LN~_, I.~I06 acres (&t,qV? sq. ft.1 of land.
· .35233 3257
,35233
325~