Riverchase(5)-ES 880627 (3)STATE OF TEXAS § After Recording Return to:
§ City of Coppell
COUNTY OF DALLAS § P.O. Box 478
Coppell, Texas 75019
RIVERCHASE*, A MASTER PLANNED COMMUNITY IN COPPELL, TEXAS
PUBLIC UTILITY EASEMENT
A ! !, O0 DEED
8523 2 2 06/27/88
Date: ~ ~ , 1988
/
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
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,
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
public utilities. This Easement benefits
Grantee and public utility companies approved
by Grantee.
* Riverchase is a registered service mark.
PUBLIC UTILITY EASEMENT - Page I s/,8/88
88124 04.9
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 EASE[~NT - Page 2 s/~8/88
1075F
8812 0 95
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
.y..~P~ s on, President
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on ~ ~ ,
/?
1988, by Jay Patterson, President of Terra Land Development Co., a
Texas corporation, Venture Manager of Terra Corporate Joint Venture,
a Texas .joint venture.
.- ~.,..- .,. '..~..~, ..'
: . '.. -, '%
.,. ,.
-~ ~,.,. -.~'~.~'. ; the StYe of T E X A S
~-c~'~--d~' Print Name of Notary
PUBLIC UTILITY EASEblENT - Page 3 s / i 8 / 8 8
,o,,F 881'24 0496
LIENIIOI.DER'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.
LIENHOLDER:
FIRST TEXAS SAVINGS ASSOCIATION
Printed Name: ~#/~~,~
Date: /~ ~/~
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on ~ ~G ,
1988, by ~N%&= ~%~ , on behalf of First
Texas Savings Association.
~%{~ Nota./~ublic, St~teofT~as ~ Notary P~lic i~and for
~_-%~ My~mi~ioflExpir~lO-1..90 ~ the State of T E X A S
My Co,lesion Expires: ~~~ ~. ~~
/~/~ Print Name of Notary
PUBLIC UTILITY EASEMENT - Page
88-1,2 0 97
LEGAL DESCRIPT~.N
20 FT. WIDE UTILITY CEAsEMENT
(MF2CUTI1)
BEING a tract of land situated in the Singleton Thompson
Survey Abtsract No. 1493, 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 the St.
Louis and Southwestern Railroad (100 ft. ROW) with the East
line of Macarthur Blvd. (110 ft. ROW); Thence South
86°21'18" East along said North line, for a distance of
500.00 ft. to a point; Thence North 03°38'42'' East,
'= '_ departing said North line, for a distance of 20.00 ft. to a
.= point on the North line of a 20 ft. wide Lone Star Gas
Company Easement as recorded in Volume 74156 Page 2130
D.R.D.C.T. for the POINT OF BEGINNING:
THENCE North 03°38'42" East, departing said North line, for a
distance of 20.00 ft. to a point for corner on the
South line of a 20 ft. wide Trinity River Authority
Easement as recorded in Volume 79129 Page 2512
D.R.D.C.T.;
THENCE South 86°21'18" East, along said South line, for a
distance of 2798.30 ft. to a point for corner on the
~ ...'~'W%st. line of a tract conveyed to Golf Enterprises
'"'
· ~E~CE'~bu~ 01°07'08" East, along said West 1the, for a
distance- of 20.07 ft. to a point for corner on the
Nor~h line of said Lone Star Gas Company Easement;
THENCE North 'M6°21'18" West, along said North line, for a
\d~s=a~e'of 2799.97 ft. to the POINT OF BEGINNING and
.,-"corftaining 1.2852 Acres (55,983 Sq. Ft.) of land.
88 1i2
PROVISIONS CONTAINED IN ANY DOCUMENT WHICH RESTRI~
THE SALE, RENTAL, OR USE OF THE R~L PROPERTY DESCRIBED.
THEREIN BECAUSE OF RACE OR COLOR ARE. INVALID UNDER
FEDERA~ LAW AND. ARE .UNENFORC~.BLF~ .:-:...':'.".:." .....
ANY PROVISION HE,Eft{ ?fHfC~ RESTRICTS THE SAEE, RENTAP..,
OR USE OF THE DE~CRIBF..D R~L PROPERTY BECAUSE OF COLOR
'- OR RACE J.~ INVALID_ AND UNENF.Oi~CF..~LE U.NDEi:I FEDERAU
LAW,