121 BP Phase 1-ES 820416EASEMENT
WILLIAM F. CALLEJO, TRUSTEE
TO
COPPELL MUNICIPAL UTILITY
DISTRICT NO. 1
WHEN RECORDED RETURN TO:
Paul W. Phy, Esq.
2001 Bryan Tower, Suite 2914
Dallas, Texas 75201
THE STATE OF TEXAS
THE COUNTY OF DALLAS
EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT WILLIAM F. CALLEJO, TRUSTEE
(hereinafter called "Grantor" whether one or more), for and
in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration in hand paid by COPPELL
MUNICIPAL UTILITY DISTRICT NO. 1 of Dallas County, Texas,
(hereinafter.called "Grantee"), the receipt and sufficiency
of which is h~reby acknowledged,- and for which no lien is
retained, either expressed or implied, does hereby grant,
bargain, sell, and convey to Grantee, its successors and
assigns, a fifteen foot (15') wide perpetual easement, with
ingress thereto and egress therefrom, to construct, install,
lay and use, operate, inspect, repair, maintain, replace
and remove a 12" water pipe line, and necessary appurtenances
thereto, in, along· under or upon and across the following
described property owned by Grantor, to-wit:
Being a 130.71 ~acre tract of land situated in the
John E. Holland Survey, A-614, Dallas County, Texas,
as recorded in Volume 70020, Page 61, Dallas ~County
Deed Records, and being more particularly described
in Exhibit A attached hereto and made a part hereof
for all purpose~.."
P~ovided, however, that Grantor may, at its sole cost,
~relocate the easement and water line installed therein with
the approval of Grantee, which approval shall not be unreason-
ably withheld.
Grantor shall not construct or permit to be constructed, or
otherwise erect or place any structure or improvement upon the
easement granted hereby; provided, however, that five (5) feet
of the width of the easement may be the paved portion of a road
easement.
· Grantor also hereby grants to the Grantee a temporary
right of access to, and use of, lands of Grantor immediately
adjacent to the perpetual easement as necessary for construc-
tion purposes.
TO HAVE AND TO HOLD the said easement unto said Grantee,
its successors and assigns, Grantor d~es hereby bind himself,
his heirs, legal representatives, successors and assigns to
warrant and forever defend, all and singular the above- .;
described easement unto the said Grantee, its successors and
assigns, against every person whomsoever lawfully claiming
or to claim the same or any part thereof. Grantee's address
is 2001 Bryan Tower, Suite 291~, Dallas, Texas 75201..
Executed this 16th
day of April, 1982. ~ ~.c_!~._
Grantor,~,/~, ~
///#/x;
Willi~F. dal~ej6, Trustee
Agreed and ratified~~~~~~~~~~
for lienholders
Justin S. Mc Carty et al:
~: ~ tin S. McCarty, ~ust~//
EXHIBIT "A"
CALLEJO PROPERTY
FIELD NOTES
12" WATER LINE EASEMENT
COI~?ELL M.U.D. No. 1
Situated in the J~hn E. Holland Survey, Abstract Number 614, Dallas County,
Texas and being within a 130.71 acre tract of land as recorded in Volume 70020
page 0061 deed records, Dalla~ CouL~ty, T~xas and being a 15 foot wide easement
and being more particularly described By metes and bounds as follows:
Co~zneneing at a point, said point being at the intersection of the
Easterly right of way line of State Highway No. 121 (100' right of way)
and tile North lille of said 130.71 acre tract;
THENCE South 89 deg. 44 min. East, 1407.48 feet along said North
· line to the POINT OF BE.GINNING;
THENCE South 0 deg. 37 min. 00 sec. East a distance of 2667.42 feet
to a point for coruur; .
THENCE South 37 'deg. 19 min. 42 sec. West a distance of 69.87 feet to
a point for corner; ..
TI~NCE South 0 deg. 37 min. O0 sec. East a distance of 28.27 feet to a
point for corner said point being in the North right of way li~e of
Thweat Road, being a line 25' North of ~nd parallel to the centerline
of Thweat Road;
TNENCE North 89 deg. 23 min. 00 sec. East, for a distance 'of 15.00 feet
along the North right of way line of Tbweat Road t'o a point for corner;
THENCE North 0 deg. 37 min. ~00 sec. West, for a distance of 23.11 feet to
a point for corner;
TIIF. NCE North 37 deg. 19 min. 42 sec. East a distance of 69.87 feet ~o a
point for corner;
TI[ENCE North 0 dug. 37 mLll. O0 sec. West a distauce of 2672.34 feet to a
point for coruer in the North line of the Ilollahd Survey;
TraNCE North 89 dc~. 44 mtn. 00 sec; Wu.~t for a distance of 15.00 feet to
the POINT OF BEGINNING
~TAT]~ 0~' TF. XA~
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day
personally appeared WILLIAM F. CALLEJO, Trustee, known
to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he ex-
ecuted the same for the purposes and consideration there-
in expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th
day of April, 1982.
My ~O~iSsion Expires:
/ /
, In and For
Dallas County, Texas
STATE OF TEXAS I
COUNTY OF DALLAS I
BEFORE ME, the undersigned authority, on this day
personally appeared~USTIN S. MCCARTYJR~ Trustee, known
to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he ex-
ecuted the same for the purposes and consideration there-
'in expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th
day:of Ap~i~'., 1982.
... ~' .. NO~ARY'~UBLIC, In and For
· ' Dallas County, Texas
My Commission Expires:
/
Date # of
Post-it® Fax Note 7671 I~.?._.. pages
Z
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I11
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~ NO0 ° 34'00"W
400 00'
400.00'
C
15' UTILITY ESM~
S88° 26' O0"E
CO~-PORATE
PHASE
BLOCK
5' OF ADDITIONAL
15 EASEMENT FOR
12 WATER
~ 5.00'
N88o 26' 00" ~
¢ PARK
1731 92'
14800 O'
~ i! 15'WATERLINE
EASEMENT
CD
z
N 88° 26~ O0"W
2526.59'
AIR
15'UTILITY
IEASEMENT
WILLIAM F. CALLEJO,TR.
VOL.80004, PG.1835 ,., ~¢~>j~:~
.
EXISTING ZONING :LI
SUR~,
TOTAL
LESS
)N
VILLAGE AT COTTONWOOD CREEK
SECTION TI'
)F
NG
OWNER:
SURVEYOR
ENGINEER:
E-SYSTEMS POOL TRUST
4322 N. BELT LINE , SUITE B201
IRVING, TEXAS 75038
GRAHAM ASSOCIATES INC.
616 SIX FLAGS DR.,SUITE 400
ARLINGTON , TEXAS 76011
CARROLL L. LILLY, R.P.L.S.
NO. 2267
25 50 lO0
SCALE: I"= I00'
20O
ZONING EXHIBIT
ONE TWENTY ONE
BUSINESS PARK
CITY OF COPPELL, TEXA,S
DALLAS, COUNTY
Graham Associate~. Inc.
4-15-91
I 9716 -
~ 1003- 5
THE STATE =TEXAS ~
S I[NO'r; iLL MEN BY THESE PRESENTS:
COUNTY OF DALLAS S
That JUSTIN S. MeCARTY, JR. and ELIZABETH McCARTY ALLEN, acting
individual]y, JUSTIN S. MeCARTY and FIRST CITY BANK ~k/a TEXAS BANi(
AND TRUST COMPANY. Trustees of the ELIZABETH ALLEN TRUST trader TRUST
AGREEMENT dated June 17, 196D, JUSTIN S. MeCARTY, JR., FRANK ALLEN and
FIRST CITY BANK f/k/a TEXAS BANK AN]~ TRUST COMPANY, Trustees of the
ELIZABETH ALLEN TRUST created under the Will of JUSTIN S. McCARTY
(eclleetivc]y "Grantors"), for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable conside.-ation, paid and to be paid by WILLIAM
F. CALLEJO, TRUSTEE (,'Grantee"), the receipt and suffinieney of which is hereby
~_ckno~v!edgcd and for the further consideration of the execution anb delivery by
Grmntee to Crantors of that certair~ promissory note (the "Note") of even date
herewith in the o.-iginal principal amount of $I,$38,000.0D, bearing interest and
certain tract or parcel of l~nd (the "Property"), situated in Daiias County, Texas,
mo:e partieul~'ly described in Exhibit "A" attached hereto and made a part hereof
for all purposes and subject to the matters reflected on Exhibit "A'.
TO HAVE AND TO HOLD the ProDer~ unto the Gra~ltee, his heirs and
admh,isirators, to Warrant and Forever Defend all and sing~lar the said premises
unto Grantee, his hall's and assigns, against every person whomsoever lawfully
claiming, or to e]alm the same, or any part ihereof by, through or under Grantor
But it is expressly agreed and stipulated that a Vendor's Lien is retained
agai~t the property, premises and improvements until the Note ano all interest
80004 1835
~,~part of the John E. Holland Survey, Abstract 61"`, Dallas County, .
~s, being knot~n as the !30 acre tract conveyed to Justin McCarty ~ealty
~.. by deed filed January 30, 1971, recorded in Volume 70020, Rage
of the Deed Records of Dallas County, and being described more par-
cr%n - ~.!c. 'n~ey Road, 100.0 feet ~,'ide, at the north corner of the tract
filed ~!a'.'. !0, 1967, recorded in Volume 67093, .D~c~.- 480 cf said ~eed Records;
i::E:;CE .~:crth -'2 degrees 52 minutes East, along the southeast line of state
. . ~z~, heine 50.0 feen southeas~ of and parallel ',/lth ~ts center line,
a distance of 626.2 f-~et to-" pipc on the dividing line between the ~.orth
line of said .~[o!land Surv= and the south line of the Thomas ;.:. Cousv Survey,
.rs tract o~/, the ~ou~h..;_.~ corner of a tract conveyed to W. Ray Wa!iace
::y deed filed April 9, 19{~ recordcd in Volume 69970, Page 2120 of said
2eed Records;
~:[E::CE South 89 degrees 44 minutes East, along said Survey line, the south
line of said Wallace tract, at 2498.2 feet passing a stccl rod [ound by
old post, at 2505.6 feet passing the west line of Ccppe!l Poad, formerly
Saris Road, a pipe, being 22.0 feec wcst of the cel~ter line of said road,
in all 2527.6 feet %o a nail on said center line;
ired and the east line of said Holland Survey, a distance of 2225.1 feet
/?{£:;SE South ~7 degrees 53 minutes West, at 22.02 feet passing a ~teel
rTd found by old post, the northeast corner of the tract conveyed to
%'. H. Jenkins by deed dated October 21, 1959, r~corde~ in Volume $226
l'~f3e 26!, of said Deed Records, being 2225.8 feet South 00 degrees 05
~ %::'zues !';est, along the west line of Coppell Road from the north line of
~d ~!o!!and Sur'.'ey, and continuing 225.0 feet along an old fence to a
,~%-£el rod, ~he northwest corner of said Jenkins er!ct;
3~iEi~CE South O0 degrees 44 minutes West, a~ong an old fence on the west
~ cf said Jenkins tract, a distance of 300.0 feet to a steel rod by
~=~ ~%~ south~.'est corncr of said Jenkins tract on the north linc of the
£ acre tract conveyed to Brazos River Transmission Electric Cooperative,
inc., Dy deed filed August 14, 1942, recorded in Volume 2366, Page 327,
cf said ~.~au Eecords, said steel rod bcing 225.0 feet South 87 degree~
53 minutes West frcm a steel rod on the~.'es~ line of Coppell Road, 25.43
feet South 87 degrees 53 minutes West fiat. its center linc;
THE?~CE South ~7 degrees 53 minutes %'~Est, along the old fenc~ on ~he north
line cf said Srazos tract, a distance of 1~2.42 feet to a s~ rod for
THE~CE South 0! fegrees 30 minutes West, e!on~ the ~est lin= of said Brazos
tract, at 201.2 feet passing a steel rod on the noruh line of Th~,eatt Road,
in al! a distance of 226.21 feet to a nail in the center line of Thweatt
Soad, being 44~.05 feet South 89 degr=e~ 42 minutes West from its inter-
section leith said center line of Coppei! Road;
THE~CE South 89 degrees 42 minutes West, along the center line o5 Th%;eatt
Road, a distanc~ of 6~6.3"` feet to a nail at its ~n~r~cticn ~cith the
center line of State Road, running south, ~aid iatcrsoc=io~ ~cin? the
southeast corner of the C.862 acre strip cf !and rTnvoyed by Alma Aldrici~
tc the County of Dallas by ~eed recorded in Voluz:c i"`09, Page 639 of said
Deed Records, and also being an angle point Cn the c~nter ilne cf Th%~eatt
Road;
80004 1839
,. (CON~'.)
Ccunty of Dallas strip, a distance of 25~0 feet to a steel rod on
~crth line cf ?h~:eatt Road, being 1502 fe~t South 89 degrees 45 minutes
from the ncrth~¢est corner of said strip, and being 697.0 feet South
/%~rees ~2 minut-~s West~ measured alcnq the north line of Th~eat~
from said r~d onthe west llne of said Brazos tract;
27, 1772, recorded in Volume 72055, Rage i702 cf said Deed Records;
7}!E~C£ Nor.n 89 degrees 53 minutes West, a distance of 1275.26 feet to a
~he ncrtheast corner of the 41.61 acre tract conveyed to said Redman by
fo2~ filed July 5, 1972 in said Deed Records, being 1387.8 feet (called
8000q
EXHIBIT "B"
1. ''~ement to City of Coppe]l, dated December 4, 1~78, recorded in
Volume 790'~ i, pt ~.' 117, Deed Records, Da]l~ Cotmty, Texas.
2. Easement from P,'. W. Somerville et Lux Anna S. Somerville to Texas
Power & Light Company dated October 11, 1940~-f~d January 14, 194I, recorded
in Volume 2253, page 373, Deed Records of Dallas County, Texas.
3. Easement awarded Lone Star Gas Company in Cctmty Court Suit
#17239-A sty]ed Lone Star Ge~ Company v. '4'. W. Somerville, in which judgment
was entered October 28, 1963, in Volume 75, page 61, Deed Records of Dallas
County, Texa~.
4. Easement ~nd right of way from W. W. Somerville et ux to Lone Star
Gas Company dated October 25, 1963, fi]ed Decemb~.r 20, 1963, r~or'~'~ed in Volume
215, page 0189, Deed Records of Dallas County, Texs~. (This is same easement as
set out in Item 3 above.)
5. Right-of-way and easement from W. W. Somervi]le et u~ 'o Lone Star
Gas Company dated August 10, 1968 filed August 22, 1968, rec-~or~d in Volume
68156, page 1245, Deed Records of Dallas Ce'Jnty~ Texas.
: ,: ££