Park West CC(02)-ES 970825~eed
1 '7'~ I ~:'0 1
$19.00
STORM SEWER EASEMENT
STATE OF TEXAS )
)
COUNTY OF DALLAS )
KNOW ALL MEN BY THESE PRESENTS
THAT the term Grantor used herein shall be construed in the singular or
plural number as such term respectively represents one or more than one person.
THAT, PARK WEST COMMERCE CENTER, L.L.C., known herein as
GRANTOR, in consideration of thc sum of Ten and no/100 Dollars ($10.00) and other good
and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is
hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of
Coppell, Texas ("GRANTEE"), the free and uninterrupted use, liberty and privilege of
passage in, along, upon and across the following described property owned by GRANTOR
for the purpose of constructing a storm sewer system across GRANTOR'S property with the
right and privilege at all times, of the GRANTEE herein, its agents, employees, workmen
and representatives having ingress, egress, and regress in, along, upon and across said
premises (the "Easement") for the purpose of making additions to, improvements on and
repairs to said storm sewer system or any part thereof.
Said easement being described in Exhibits "A" and "B" attached hereto and made a
part hereof for all purposes.
That in consideration of the benefits above set out,
1. Condition of Easement Area. Grantee accepts the Easement in its current "As Is"
condition without representation or warranty of any kind whatsoever, express or implied,
having been made by Grantor to Grantee and Grantee hereby releases and discharges
Grantor from any claim, action, cause of action, demand, expense or liability whether
known or unknown, foreseen or unforeseen relating to the condition of or connected with
the Easement, including without limitation, the condition of the soils in the Easement.
2. Indemnification by Grantee. Grantee, for itself and on behalf of its successors and
assigns, hereby agrees to defend (with counsel reasonably satisfactory to Grantor) and
indemnify Grantor, its members, officers, employees, agents, representatives, successors
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and assigns, and each of them, from and against all claims, suits, demands, causes of action,
actions, liabilities, losses, damages, costs and expenses (including attomey's fees) arising
out of or resulting from any act or omission committed or alleged to have been committed
by Grantee, its successors and assigns in the occupancy, construction, repair, maintenance
or the use of the Easement by Grantee during the term thereof.
3. Grantee's Work. Grantee may remove from the Easement all fences, buildings and
other obstructions as may be found upon the Easement and after construction of the storm
sewer system in the Easement, Grantee shall return the Easement (and any surrounding area
that may have been disturbed), including all landscaping, paving, curbs and gutters to its
original condition as nearly as practicable taking into consideration the nature of the work
being performed.
4. Rights of Grantor in Easement Area. Grantor reserves the right to use and maintain
the surface of the Easement for purposes which will not unreasonably interfere with
Grantee's rights hereby granted. Grantor's permitted use of the Easement shall include, but
not be limited to, installation of paving, drives, parking, walks and other landscaping.
Grantee shall allow other franchise utility companies easements for their systems which
cross the Easement.
5. Title. This Easement is granted subject to all prior easements and encumbrances of
record.
6. No Waiver. Failure at any time to require performance of any provision of this
Easement shall not limit either parties' right to enforce such provisions. Any waiver of any
breach of any provision shall not be deemed a waiver of any succeeding breach or a waiver
of any other provision of this Easement.
7. Attorney's Fees. In the event suit or action is instituted to interpret or to enforce the
terms of this Easement, the prevailing party shall be entitled to recover from the losing
party such sums as the court may judge reasonable as attorney's fees at trial, and appeal of
such suit or action and on any petition for review, in addition to all other sums provided by
law.
8. Governing Law. This Easement shall be governed and construed in accordance with
the laws of the State of Texas.
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TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or
assigns for the purposes aforesaid, the premises above described.
EXECUTED this o~,5"t~ay of /~o~0 ~ , 1997.
GRANTOR:
PARK WEST COMMERCE CENTER, L.L.C.,
a Texas limited liability company
By: PW COMMERCE, INC., a Texas corporation,
Its Manager
By:
Name:
Title:
tee
GRANTEE:
CITY OF COPPELL, TEXAS,
a municipal corporation
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(Acknowledgment by PW Commerce, Inc.)
STATE OF OREGON )
) SSo
County of Washington )
kThe foregoing instrument was duly acknowledged before me this ,~day of
,1997, by David W. Ramus, as Vice President of PW Commerce, Inc., the Manager
West Commerce Center, L.L.C., a Texas limited liability company, on behalf of
said corporation and said limited liability company.
OFFICIAL SEAL
CINDY A. CARDEN
Notary Pu$1ic fc;r Oregon
My commission expires:
(Acknowledgment by City of Coppell, Texas)
STATE OF TEXAS )
County of ~.g,C~_ )
~ The foregoing instrument was duly acknowledged before me this ~,~__~4~ay of
oo, ot-f' ,1997, by :3'i;,, tD,'-ht , as __~L{L~_~lXa~,,~,~._ of City of Coppel' 'l, Texas,
mtmiv'ipal corporation, on behalf of Said corporation.
,, ~,e:. ?. PAOLA J. CR0C~R N~talty Public for Tex~s
]1~ ~C0~ISS~F~S My commission expiles: [0//'7
][ ..;~..~,:~ October 17, 2000
97175 0 3L 8
WED t.L;SZ Fa.~. 9'7'~ Z35 9544,
PROPOSED 20 FOOT W/DE DRAINAGE
PARK WE.WF COMME~CE ~
IANfF~ A. SIMMONS SUR~, ABSTRACT No. 1296
~ OF COPP~L. DAT.TAS COUNTY,
CO~CING, at a I/2-inch iron rod fouml az ~u~ souIhwest' comer of said Lot 3, said
poin~ being the ~ comer ofLot 1, Block 2 of ~aid Park We~ ~ ~
said po/at a~o be/hi in r~ w~ rib-of-way lh~ of Bdt Lin= Road (a 1~0 f~x wide right-
of-way);
U:r'a~CE, North 89 degrees, 06 .,~.,.~, 0I sec~ds West, departing said west rigtU-of-w'ay
li~ and along the cam=non line of said Lots 2 and ~, a di.smn~ of 30.00 feet to the POINT
OF BERG;,
North 89 degrees, 06 ~-~--,~, 01 sec;rods West, continuing along saki common
line, a distance of 20.00 feet to a poim for ;omen,
Ttil~CE, Norm 01
am'o~ said L~t 3, a dismm:~ of 375.16f~ co a Foim: for co~, said. poi~ l:~ing i~ttm
south line of a 20 foot wide d:aizmg¢ ~.semem dedicazed by :he piaz of said Park West
Cammer~ Cmter;,
THENCE, South. 83 ~, ~ mlm,r,.~, 30 seconds EasL along the said south line, a
distanc~ of 20.00 fcc ma. ~inc for corner, said point being in the west line of a 20 foot
wide draimge and ""~7 ~ ~ ~ ~e mid pla: of ~b~ Pazk Wear Commerc~
THIElq'C~ South 01 degrees, I.~ mimr,~s, 30 seconds West, along said west llne, a distance
of 375.04 feet to the POINT OF BEGINNING;
CONTAINING, 7502 squar~ fe~ or 0. i'7'2 acre~ of laud, mar: or to, ss.
EXHIBIT A
97175 Ot 3L 9
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0436
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9~1~75 0~350
PROPOSED 2.0' DRAINAGE: ~ENT
PARK ~ COM~E CEN'TE~
,°~ ~~ O~ ~~r ~ ,
NDC ~'.~ 6~ 7/g7 ~6~ gT.~
19~0
Cfl'Y OF COPPL'TL
255 PARKWAY BI.W)
P 0 BOX 478
COPPELI... TX 75019