Parks Coppell ABQ-ES 911017 Db".I IC.A TION OF
STOR DRAINAGE EASEMENT
THE STATE OF TEXAS
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
That The Parks of Coppe11 Trust ("Grantor"), acting by and through its
Trustee, for and in consideration of the sum of One and No/lO0 Dollars
($1.00) and other good and valuable consideration in hand paid by the City of
Coppell, Texas ("Grantee"), the receipt and sufficiency of which is hereby
acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED unto
Grantee, and does by these present~ GRANT, BARGAIN, SELL AND CONVEY unto
Grantee, the free and uninterrupted use, liberty and privilege of passage in,
under, along, upon and across that certain land located in the City of
Coppell, Dallas County, Texas, owned byGrantor described by metes and bounds
on attached Exhibit A and depicted on attached Exhibit B, both attached
Exhibit A and attached Exhibit B being incorporated herein by reference for
all purposes (the "Easement Area"), for the purpose of locating,
constructing, placing, connecting to, using, operating, repairing,
maintaiming, replacing, relocating and removing underground storm drainage
inlets and connecting lines (the "Easement").
TO HAVE AND TO HOLD the Easement, together with all and singular the
rights and appurtenances thereto in any wise belonging unto Grantee and
Grantee*s successors and assigns forever.
Notwithstanding anything to the contrary contained herein, Grantor
hereby expressly reserves unto =rantor and Grantor's successors and assigns
the right to use and enjoy the Easement Area for any purposes which do not
unreasonably interfere with the rights granted to Grantee herein, including,
without limitation, the right to: (i) grant or dedicate additional easements
or rights-of-way in, under, along, upon and across the Easement Area~ and
(ii) locate, construct, place, repair, maintain, replace, relocate and remove
in, under, along, upon and across the Easement Area roads, streets, alleys,
driveways, walkways, passageways, utility improvements, parking improvements,
lighting improvements, fences, signs and landscaping.
Notwithstanding anything to the contrary contained herein, Grantor
further hereby expressly reserves the right to relocate the Easement Area and
any easement improvements then existing thereon if such relocation is
necessary to permit or facilitate development of Grantor~s lands adjacent to
the Easement Area, but all costs of any such relocation must be ~aid by
Grantor and any such relocation must be approved in advance by Grantee, which
approval will not be unreasonably withheld or delayed.
Notwith~tand~ng anything to the contrary containe~ here~n, it is
understood an~ agreed that this instrumen~ creates an easement only and in no
way grants, conveys or dedicates to Grantee any part of the underlying fee
simple estate of Grantor in or to the Easement Area. The Easement shall
terminate, without suit or remedy, when Grantee abandons the Easement.
This instrument and all of the terms and provisions contained herein
shall be covenants running with the land and shall inure to the benefit of
and be binding upon ~rantor and Grantee and their respective successors and
assigns. At Grantee's option, Grantee's rights hereunder also may be
exercised by Grantee's employees, contractors, subcontractors and agents.
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EXECUTED ae of the day of , 1991.
THE PARKS OF COPPELL TRUST
By
Harry M. Hargrave
Trustee
STATE OF TEXAS S
COUNTY OF DALLAS S
This instrument was acknowledged before me on , 1991, by
Harry M. Hargrave, Trustee of The Parks of Coppell Trust.
GIVEN UNDE~ MY HAND AND SEAL OF OFFICE, this the day of
· 1991.
Notary Fubll¢ in and fo=
the State of New Mexico
After filing, please return to=
Richard M. Dooley
Jackson & Walker
901 Main Street, Suite 6000
Dallas, Texa~ 75202