Riverchase(5)-ES 880627 STATE OF TEXAS § After Recording Return to:
§ City of Coppell
COUNTY OF DALLAS § P.O. Box 478
Coppell, Texas 75019
RIVERCHASE*, A MASTER PLANNED COM~iUNITY IN COPPELL, TEXAS
PUBLIC UTILITY EASE~[ENT
~ 9.00 DEED
852B 2 2 06/27/88
Grantor (include
mailing address): Golf Enterprises, a California General
Partnership
1633 26th Street
Santa Monica, California 90404-4024
· Grantee (include
mailing address): City of Coppell
P.O. Box 478
Coppel 1, Texas 75019
Consideration: Ten dollars ($10.00) and other good and
valuable consideration paid by Grantee, the
receipt and sufficiency of which are
acknowledged by Grantor.
Description of
Easement Area: Tracts of land within Riverchase*, a Master
Planned Community in Coppell, Texas, more
particularly described in Exhibit "A" attached
hereto and by reference made a part hereof.
Easement Purpose: This Easement permits public utilities and
associated facilities, including (but not
limited to) water mains, sanitary sewer mains,
natural gas mains, electrical supply lines,
telephone and telegraph lines and television
cable.
This Easement includes the right to construct,
reconstruct, inspect, maintain and remove such
underground public utilities. This Easement
benefits Grantee and public utility companies
approved by Grantee.
* Riverchase is a registered service mark.
PUBLIC UTILITY EASE~_,NT - Page 1
!C 76F 88124 0563
Grantor conveys to Grantee a public easement and right-of-way
along, over and under the Easement Area for the purposes permitted
above but none other, TO HAVE AND TO HOLD, unto Grantee, its
successors and assigns, provided, however, this conveyance is made
and accepted subject to the following conditions:
1. Grantee's rights shall automatically terminate and be of no
further force and effect upon Grantee's discontinuance of use of the
Easement Area for the purposes described above. The termination
shall not affect Grantee's duties under this Easement.
2. In exercising Grantee's rights, Grantee agrees to use best
reasonable efforts to prevent and minimize damage and injury to the
property adjacent to the Easement Area. If in exercising Grantee's
rights hereunder, Grantee shall cause any damage, injury or change
to the property adjacent to the Easement, Grantee shall promptly
repair and restore the Easement Area. If Grantee shall fail to do
so, Grantor may repair and restore the Easement Area and the cost
thereof together with interest at the highest rate allowed by law
shall be due and payable by Grantee upon demand.
3. This Easement is non-exclusive and Grantor reserves the
right to: (a) grant other rights to install utility lines within
the Easement Area; (b) construct concrete or asphaltic driveways,
roadways, alleys, parking facilities or streets within the Easement
Area; (c) install shrubbery and other landscaping within the
Easement Area; (d) use the surface of the Easement Area for
pedestrian and vehicular ingress and egress; and (e) use the
Easement Area for other purposes so long as they do not unreasonably
interfere with the permitted use by Grantee.
4. Grantee shall at all times properly maintain the facilities
to be placed in the Easement Area. Grantee will not permit or
create a nuisance to exist in the exercise and use of the rights and
privileges herein granted and, in particular, Grantee shall promptly
repair any defect in or damage to the facilities to be placed in the
Easement Area.
5. Grantee agrees to indemnify and hold Grantor harmless from
any and all liens, liabilities, losses, expenses, damages (including
reasonable attorneys fees) and claim for injury or damage to persons
or property which result from, arise out of or are attributable to
the activities undertaken by Grantee pursuant to the rights and
privileges herein granted. This indemnity is intended to protect
Grantor from the consequences of Grantor's own negligence, whether
Grantor's negligence is the sole or a concurring cause of the damage.
6. This grant is made and accepted subject to all validly
existing matters recorded in the official records of Dallas County,
Texas.
PUBLIC UTILITY EASEbiF_.NT - Page Z s / 2 4,, 8 8
1076F
881,24 05 .4
7. The rights and obligations set forth in this Easement shall
bind and inure to the benefit of the successors and assigns of
Grantor and Grantee and shall run with land so as to benefit and
burden the future owners of any direct or indirect interest in the
real property encumbered by this Easement.
EXECUTED effective as of the day first written above.
GOLF ENTERPRISES, a California
general partnership
·
By: ~
Robert H. Williams, G~-neral Partner
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
This instrument was acknowledged before me on ~' !~'°8~ ,
1988, by Robert H. Williams, General Partner of Golf Enterprises, a
California general partnership.
My Co~ission Expires:
~'~q Print Name of Notary
PUBLIC UTILITY EASEMENT - Page 3 s,,2 4/s s
88-1,2/ 05. 5
LEGAL DESCRIPTION
UTILITY EASEMENT
(UTIB1) ~"
BEING a 20 Ft. Utility Easement situated in the Singleton
Thompson Survey Abstract No. 1493 in the City of Coppell,
Dallas County, Texas, and being a part of a tract conveyed to
Golf Enterprises as recorded in Volume 87174 Page 3449 Deed
Records Dallas County, Texas; and being more particularly
described as follows:
COMMENCING at the intersection of the North line of the St.
Louis and Southwestern Railroad (100 ft. ROW) with the East
line of Macarthur Blvd.; Thence South 86°21'18" East along
said North line, for a distance of 3301.63 ft. to a point;
Thence North 01°07'08" West, departing said North line for a
distance of 20.06 ft. to the POINT OF BEGINNING:
THENCE North 01°07'08" West for a distance of 20.06 ft. to a
point for corner;
THENCE South 86°21'18" East for a distance' of 330.00 ft. to
a point for corner;
THENCE South 01°07'08" East for a distance of 20.06 ft. to a
point for corner;
THENCE North 86°21'18" West for a distance of 330.00 ft. to
the POINT OF BEGINNING and containing 0.1520 Acres
(6620 Sq. Ft.) of land, more or less.
8 2 0 5-1.6
PROVISIONS CONTAINED IN ANY OOCU~EHT WHICH RESTRICT
THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBEG'
THEREIN BECAUSE OF RACE OR COLOR ARE INVALID UNDER
FEDEI~L LAW AND ARE Uii£NFORCEABLF.,, · .....--.:-_~ ~...
ANY PROVISION HE~,EIN WHICH RESTRICTS TIlE SALE, REflTAP.,
OR USE OF THE DESC~I-3~D REAL PROPERTY BECAUSE OF COLOR
OR RACE IS. INVALID AND UNENFORCEABLE UNDER FEDERAL
LAW,