Pecan Hollow-ES 910213 (2)STATE OF TEXAS
§ KNOW AT,T, MEN BY THESE PPd~SENTS:
OOUNTY OF DBT.TAS
THAT ABQ FEDERAL SAVINGS BANK (hereinafter called "Grantor"),
acting by and through its conservator, The Resolution Trust Corpora-
tion, for and in consideration of the sum of TEN AND NO/100 DOLTARS
($10.00) to Grantor in hand paid by PECAN HOLLOW JOI~£ ~, a
Texas Joint Venture, with its principal place of business in Dallas
County, Texas (hereinafter called "Grantee"), and other good and
val~ahle consideration, the receipt and sufficiency of which are
hereby acknowledged, has GRANR~D, SOIJD, AND CONVEYED, and by these
presents does GRANT, S~.L, AND CONVEY, unto Grantee a non-exclusive
drainage easement for the purpose of locating, constructing, placing,
repairing, maintaining, or replacing store drain improven~nts (herein-
after called "Store Drain Improvements") upon those certain tracts of
land more particularly described on Exhibits "A-I", "A-2", "A-3",
"B-I", "B-2", and "B-3" attached hereto and made a part hereof for all
purposes (hereinafter sometimes collectively called the "Easement
Tracts"). As additional consideration for the granting of this
easement, Grantee agrees to construct the Storm Drain Improvements
within the Easement Tracts as described (a) in the storm sewer
construction plans for lines A, B, C, and C-1 for Pecan Hollow
Addition as shown on sheets 2, 3, and 6 dated March 1990, and bearing
the seal of Dan M. Dowdey, Registered Professional Engineer, and (b)
in those plans bearing the seal of Dan M. Dowdey, Registered
Professional Engineer, dated March 1984, and being sheet SD-14 of the
Standard Construction Details-Storm Sewer entitled "Headwall Details"
with such design changes as are necessitated by (x) a 4:1 channel
slide slope, rather than the slope as shown on such plan; and (y) the
orientation of the headwalls at an angle to the channel sideslope,
rather than being perpendicular to the sideslope as shown on such
plans. Grantee agrees that the headwalls constructed at the storm
drain discharge points shall conform to or be slightly recessed into
the proposed south drainage channel sideslope to avoid presenting an
obstacle to drainage flow in the drainage channel. Nothing contained
herein shall grant, or be construed to grant, Grantee the right to use
the Easement Tracts for any purpose other than for the purposes set
forth herein.
TO HAVE AND TO HOLD the above-described easement, together with
all and singular the rights and appurtenances thereto in anywise
belonging unto Grantee, its successors, and assigns forever; and
Grantor does hereby bind Grantor and Grantor's successors and assigns
to ~RRANT AND FOREVER DEFENqD all and singular the said easement unto
the said Grantee, its successors, and assigns against every person
~oever lawfully claiming or to claim the s~r~ or any part thereof
by, through, and under Grantor, but not otherwise.
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This easement is granted, and accepted, subject to all covenants,
restrictions, encumbrances, liens, and other matters (i) of record in
Dallas County, Texas, and/or (ii) visible and on the ground or that a
correct survey would reveal, to the full extent same exist and affect
the easement herein granted.
Any consideration initially passing to Grantor frc~ Grantee in
connection with the execution of this agreen~nt is solely for the
grant of the easement herein granted and for damages necessarily
caused to the surface of Grantor's lands within t/he Easement Tracts in
connection with the initial construction of the Storm Drain Improve-
ments, and does not cover any damages which may accrue to Grantor's
other lands frc~ time to time by reason of the construction, opera-
tion, maintenance, repair, alteration, and/or servicing of the Storm
Drain Improvements or any other damages incurred from time to time,
and Grantee shall pay and agrees to pay Grantor any and all other such
damages promptly as they may accrue.
Upon c~t~letion of the construction and installation of the Storm
Drain Improvements, Grantee shall (i) repair all damage to any im-
provements upon the land and restore same to substantially their prior
condition to the full extent reasonably practicable, and (ii) restore
and clean up the surface of the land covered by the Easement Tracts
and any land adjacent thereto to substantially its prior condition to
the full extent reasonably practicable. Grantee hereby agrees to
indemnify and hold Grantor harmless frcm all damages, claims, or
causes of action which result frcm the use by the Grantee of the
easement granted herein.
Should it beccme necessary at any time subsequent to completion
of the Storm Drain Improvements for Grantee or its agents to enter
upon the Easement Tracts for the purposes of maintaining, repairing,
and/or altering th~ Storm Drain Improvements as permitted hereunder,
Grantee shall, after each entry upon said land, leave said land at the
same level and condition that it was in prior to such entry to the
full extent reasonably practicable; and in the event that any such
entry should cause or produce damage to any improvements that may be
situated on said land, or cause or produce damages to the surface of
the land or any other lands of Grantor, Grantee shall prc~ptly pay to
Grantor any and all damages that may be caused by reason of any such
subsequent entry.
Grantor expressly reserves unto itself, its successors, and
assigns the right to use and enjoy the land covered by the Easement
Tracts for any purposes whatsoever, except insofar as said use and
enjoyment unreasonably interfere with the rights hereby granted to
All persons entering upon the Easement Tracts under this grant
shall confine themselves to the operations and purposes contemplated
herein, and no trespassing or other uses shall be permitted by Grant-
ee, its employees, agents, or contractors.
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It is understood and agreed that this agreement is an easement
only and in no way grants or conveys any part of the underlying fee
simple estate of any lands c~ned by Grantor.
This agre~nent and all of the terms, provisions, and obligations
hereof shall be covenants running with the land affected thereby, and
shall inure to the benefit of and be binding upon Grantor and Grantee
and their respective successors and assigns. Grantee's rights here-
under may also be exercised, at Grantee's option, by Grantee's con-
tractors, agents, and employees. Further, Grantee shall have the
right to assign its rights hereunder to the City of Coppell, Dallas
County, Texas.
IN WITNESS WHEREOF, this instrument is executed thisl3th day of
February , 199 1.
GRANTOR:
By: The Resolution Trust Corporation,
as Conservator for ABQ Federal
Savings Bank
ABQ Federal Savings Bank
and Under Delegation of
Authority frcm Charles C. Mann,
Managing Agent of
ABQ Federal Savings Bank,
acting under authority
of that certain Delegation
of Authority dated
August 20, 1990, from
James D. Densmore,
Deputy Regional Director,
Western Region,
The Resolution Trust Corporation
PECAN HOLLOW JOINT VENTURE
By: --- C~.~ .... ~ ~-5__~ i ~'.
Printed Name: .L~rry R. Taylor
Authorized Business Manager
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STATE OF NEW ~ICO
(3DUNTY OF BERNALTT,T O
This instrument was acknc~ledged before me on the //~ day of
~¢~r~,ff , 1991, by Stanley Strickman, Senior Vice President of
ABQ Federal Savings Bank and as the delegate of authority frc~u Charles
C. Mann, Managing Agent of ABQ Federal Savings Bank, acting under
authority of that certain Delegation of Authority dated August 20,
1990, frcm James D. Densmore, Deputy Regional Director, Western
Region, The Resolution Trust Corporation.
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:,..-.....::..z.-.:ii:~.,;i.'-..: [.4or:~:,,.r ,--'._,:~c:..: - ~.:-~,.,r:~: c.:' ::: :'. ':, ×~:..r. Notary Pabl'ic, State of
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My Cc~,,~dssion Expires:
STATE OF TEXAS
~OUNTY OF DAT.TAS
This instrument was acknowledged before me on the 13th day of
February , 1991, by Larry R. Taylor ,Business Manage~on behalf
of Pecan Hollow Joint Venture, a Texas Joint Venture.
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...... -"''~ /'~.'~./~?,.., d,"' .-~ ..... ; ~.
.:-"~_'~.~% V. MARIE ALDRIDGE Notary Public, State 6f Texas
MY CO~.M~$SION ~XPiRE$
...~.,. _%.. F.~maU 8, 1~ , Printed Name: ~.~.>'3.../J~;/.~'-~.. ~..~ ."
5~f Cc~mission Expires: . ~"'
JAMES W. SC~.T.
POPE, HARDWICKE, CHRISTIE,
HARRRLL, SCR~T.T. & Rq~T.Ly
901 Fort Worth Club Building
306 West 7th Street
Fort Worth, Texas 76102-4900
24.S1
-4-
DRAINAGE EASEME~IT
BEING a 30 foot by 50 foot strip of ].and situated in the Siber=d Henderson
Survey, Abstract No. 629 in the City of Coppell, Dallas County, Te>:as and being
moro particularly described as follows:
BEGINNING at a point for corner that is S.89°03'35" %-;. , 37] .Sf~ feet fr~m,
the most southerly southwest corner of Lot 20 in Block 4 of Parkview Addition,
an addition to the City of Coppell as recorded in Volume 880B1, Page 1944 of
the Deed Records of Dallas County, Texas;
THENCE S.89°03'35'' W., 50.00 feet to a point for corner;
THENCE N.00~56'25'' W., 30.00 feet to a point for corner;
THENCE N.89°03'35'' E., 50.00 feet to a point for co£ner;
THENCE S.00°56'25'' E., 30.00 feet to the POINT OF BEGINNING and containing
1,500 square feet of land.
"EXHIBIT A- I."
DRAINAGE EA.q EMENT
BEING a 30 foot by 50 foot strip of land situated in thc Sibered Henderson
Survey, Abstract No. 629 in the City of Ccppell, Dallas County, Texas and being
more particularly described as follows:
BEGINNING at a point for corner that is S.89°03'35'' %'.~. ,975.58 feet from
the most southerly southwest corner of Lot 20 in Block 4 of Parkview Addition,
an addition to the City of Coppell as recorded in Volume 88~-]~1, Page 1944 of
the Deed Records of Dallas County, Texas;
THENCE S.89"03'35" W., 50.00 feet to a point for corner;
THENCE N.00"56'25" W., 30.00 feet to a point for corner;
THENCE N.89"03'35" E., 50.00 feet to a point for corner;
THENCE S.00~56'25" E., 30.00 feet to the POINT OF BEGIN.NI~G and conuaining
1,500 square feet of land.
"EXtt] BlT A-2"
DRA I !-~AGE EA$ EME~.~T
BEING a 25 foot by 50 foot strip of land situated in the Sibered tienderson
Survey, Abstract No. 629 in the City of Coppell, Dallas County, Texas and being
more particularly described as follows:
BEGINNING at a point for corner that is S.89°03'35" W. , 21.5S feet from
the most southerly southwest corner of Lot 20 in Block 4 of Parkvi~:w Addition,
an addition to the City of Coppell as recorded in Volume ~,.](,'.B1, Page ~944 of
%he Deed Records of Dallas County, Texas;
THENCE S.89°03'35'' W., 50.00 feet to a point for coruer;
THENCE N.00056'25" W., 25.00 feet to a point for corner;
THENCE N.89~03'35" E., 50.00 feet to a point for corner;
THENCE S.00056'25" E., 25.00 feet to the POINT O[.' Ii.EGi{;NI~-iG and containing
1,250 square feet of land.
PAR KVIEW ADDITION
~ VOL. 1~80EII , PG
ALEx
DRIVE
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9 [ I0 I II 12
PROPOSED PECAN HOLLOW ADDITION
DRAINAGE EASEMENT
CITY OF COPPELL
SIBERED HENDERSON SUR. , ABST. 629
DALLAS COUNTY , TEXAS
"F'..XII I B I T 13 - 1."
DAN M. DOWDEY 8, ASSOCIATES sc.~,l":6o' .,,,,~-2-9o
16250 DALLAS PKWY. (214)9:51-0694 DALLAS,TEXAS JoI~No 89-100