Riverchase(5)-ES 880627 (5)'~'STATE OF TEXAS § After Recording Return to'
§ City of Coppell
COUNTY OF DALLAS § P.O. Box 478
Coppell, Texas 75019
RIVERCHASE*, A biASTER PLANNED COMMI3NITY IN COPPELL, TEXAS
LANDSCAPE AND UNDERGROUND PUBL I C UT I L I TY EASEMENT
A 17.00 DEEO
Date: /~ ~ , 1988 8522 2 2 06/27/88
Grantor (include
mailing address): Terra Corporate Joint Venture
5944 Luther Lane, Suite 502
Dallas, Texas 75225
Grantee (include
mailing address): City of Coppell
P.O. Box 478
Coppell, 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: (a) This Easement permits landscaping
improvements, landscape irrigation,
berms, walkways and paths, screening
walls and other similar decorative
improvements.
(b) This Easement also permits underground
public utilities, including (but not
limited to) water mains, sanitary sewer
mains, natural gas mains, electrical
supply lines, telephone and telegraph
lines and television cable.
(c) This Easement includes the right to
construct, reconstruct, inspect, maintain
and remove such underground public
utilities.
* Riverchase is a registered service mark.
LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEMENT - Page 1
1067F 5/18/88
8812 0 85
(d) This Easement benefits private owner's
associations, including Riverchase*
Owners Association, who are responsible
for landscape maintenance, and public
utility companies approved by Grantee.
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.
LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEMENT - Page 2
1 06 'IF S/ I 8/8 8
8812/., 0 .86
6. This grant is made and accepted subject to all validly
existing matters recorded in the official records of Dallas County,
Texas.
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.
TERRA CORPORATE JOINT VENTURE, a
Texas joint venture
By: TERRA LANE DEVELOPMENT CO., a
Texas corporation, Venture
Manager
STATE OF TEXAS §
COUNTY OF DALLAS §
was acknowledged before me on ~ ~.' ,
This
instrument
1988, by Jay Patterson, President of Terra Land Development Co., a
Texas corporation, Venture Manager of Terra Corporate Joint Venture,
a Texa~joint venture.
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· ~c~ 7- ~y Print Name of Notary
LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASE~iENT - Page 3
1067 F S / 18/ 88
8812 0 87
LIENHOLDER'S CONSENT AND SUBORDINATION
The undersigned holder of liens against the Easement Area
consents to the grant of this Easement and agrees that the vendor's
lien retained in deed dated March 2, 1985, recorded in Volume 85072,
Page 4454, Deed Records, Dallas County, Texas, and the lien
evidenced by that certain Deed of Trust dated March 2, 1985,
recorded in Volume 85072, Page 4532, Deed of Trust Records, Dallas
County, Texas, are hereby subordinated, in all respects, to the
provisions of such Easement.
L I ENHOLDER:
FIRST TEXAS SAVINGS ASSOCIATION
Printed Name: ~//~6
Title: ~/"~
Date: /~
STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on /~ ~(- ,
1988, by ~N,~e- ~-~'~ , on behalf of First
Texas Savings Association.
~ ~% BARBARA ~. LEPP ~ .
~ ~/ My ~-~mi.ion Expirn 10-~-90 ~ ' ~ o r
~ .~ ~) the State of T E X A S
~_~ . ~ ~ - __ ~
~y Co~ission Expires:
LANDSCAPE AND UNDERGROUND PUBLIC UTILITY EASEl/FAIT - Page 4
I 06 IF S / I 8/8 8
88124 0488
LEGAL DESCRIPTION
LANDSCAPE AND UTILITY EASEMENT
(MF2LS1)
BEING a tract of land situated in the David Meyrs Survey
Abstract No. 886, in the City of Coppell, Dallas County,
Texas, and being part of a tract conveyed to Terra Corporate
Joint Venture as recorded in Volume 85072 Page 4454
D.R.D.C.T., and being more particularly described as follows:
BEGINNING at the intersection of the South line of Sandy Lake
Road (60 ft. ROW) with the West line of Riverchase Drive (60
ft. ROW);
THENCE South 36°28'41" West along said West line, for a
distance of 15.00 ft. to a point for the beginning of
a circular curve to the left;
THENCE continuing along said West line with said circular
curve to the left having a central angle of 69°00'00'',
a radius of 930.00 ft., a tangent length of 639.17
ft., and an arc length of 1119.98 ft., to a point of
tangency;
THENCE South 32°31'19" East, continuing along said West line,
for a distance of 100.00 ft. to a point for the
beginning of a circular curve to the right;
THENCE continuing along said West line with said circular
curve to the right having a central angle of
18°51'21'', a radius of 1770.00 ft., a tangent length
of 293.91 ft., and an arc length of 582.50 ft. to a
point;
THENCE North 87°47'00" West, departing said West line for a
distance of 10.40 ft. to a point for the beginning of
a circular curve to the left;
THENCE along said circular curve to the left having a
beginning tangent bearing of North 13°45'32'' West, a
central angle of 18°45'47", a radius of 1760.00 ft., a
tangent length of 290.78 ft., and an arc length of
576.36 ft. to a point of tangency;
THENCE North 32°31'19" West, for a distance of 100.00 ft. to
a point for the beginning of a circular curve to the
right;
THENCE along said circular curve to the right having a
central angle of 53°38'13", a radius of 940.00 ft., a
tangent length of 475.21 ft., and an arc length of
879.97 ft. to a point for corner on the East line of
88124 0489
a 150 ft. wide Texas Power & Lt§ht Company Easement
as recorded in Volume 4594 Pa§e 302 D.R.D.C.T.~
THENCE North 29°13'41'' East, alon§ said East line, for a
distance of 266.17 ft. to a point for corner on the
South line of said Sandy Lake Road~
THENCE South 53°31'19" East, along said South line, for a
distance of 10.00 ft. to the POINT OF BEGINNING and
containing 0.3797 Acres (16,538 Sq. Ft.) of land.
8 8 :!-'.- 2 ~. 0~9'0
LEGAL DESCRIPTION
LANDSCAPE AND UTILITY EASEMENT
( S FOLS 1 )
BEING a tract of land situated in the Western Perry Survey,
Abstract No. 1152, in the City of Coppell, Dallas County,
Texas, and being part of a tract conveyed to Terra Corporate
Joint Venture as recorded in Volume 85072 Page 4454
D.R.D.C.T., and being more particularly described as follows:
COMMENCING at the intersection of the North line of
Rtverchase Drive (60 ft. ROW) with the East line of
Macarthur Blvd. (100 ft. ROW); Thence South 62 52'00" East
along said North line of Riverchase Drive, for a distance of
20.12 ft. to a point for the beginning of a circular curve
to the left; Thence continuing along said North line with
said circular curve to the left having a central angle of 37
03'09", a radius of 2070.00 ft., a tangent length of 693.67
ft., and an arc length of 1338.65 ft. to a point of
tangency; Thence North 80 04'51" East continuing along said
North line for a distance of 1197.65 ft. to a point for the
beginning of a circular curve to the left; Thence continuing
along said North line with said circular curve to the left
having a central angle of 73"37'20", a radius of 480.00 ft.,
a tangent length of 359.23 ft., and an arc length of 616.78
ft. to a point on the North line of a tract conveyed to Golf
Enterprises as recorded in Volume 87174 Page 3449 D.R.D.C.T.;
for the POINT OF BEGINNING:
THENCE South 87°25'47" West, along said North line, for a
distance of 10.13 ft. to a point for the beginning of
a circular curve to the left;
THENCE along said circular curve to the left having a
beginning tangent bearing of North 06°39'09'' East, a
central angle of 59°29'40", a radius of 470.00 ft., a
tangent length of 268.60 ft., and an arc length of
488.04 ft. to a point of reverse curvature to the
right;
THENCE along said circular curve to the right, having a
beginning tangent bearing of North 52°50'31" West, a
central angle of 47°46'18", a radius of 1840.00 ft., a
tangent length of 814.83 ft., and an arc length of
1534.14 ft. to a point on an interior South line of
said Golf tract;
THENCE North 63°25'40" East, along said South line, for a
distance of 10.75 ft. to a point on the West line -f
Riverchase Drive for the beginning of a circula~ curve
to the left;
THENCE along said West line with said circular curve to the
left, having a beginning tangent bearing of South
04°56'49~ East, a central angle of 47°53'42'', a radius
of 1830.00 ft., a tangent length of 812.76 ft., and an
arc length of 1529.75 ft. to a point of reverse
curvature to the right;
THENCE continuing along said West line with said circular
curve to the right, having a beginning tangent bearing
of South 52°50'31~ East, a central angle of 59°18'02,
a radius of 480.00 ft., a tangent length of 273.24
ft., and an arc length of 496.80 ft. to the POINT OF
BEGINNING and containing 0.4647 Acres (20,243 Sq.
Ft.) of land.
88'1!2 0 92
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