Sandy L Add L2BA-ES 901206 When recorded, return to: ~?-~ ,~ Location No. 6A
MBB/594.11
Holmes Millard & Duncan
1201 Elm Street
Suite 2200
Dallas, Texas 75270 A 13~,00
Attention: Brad Begin 7~52
WATER LINE EASEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
THIS WATER LINE EASEMENT AGREEMENT ("Agreement") is executed
as of this 7th day of December, 1990, by SANDY LAKE CORNER~ JOINT
VENTURE, a Texas joint venture ("Owner"), for the benefit of JEMtex
DEVELOP)tENT NO. 6A, INC., a Texas corporation ("Purchaser").
Recitals
A. Concurrently herewith, Owner is conveying to ~archaser
that certain tract of land currently owned by Owner censisting of
approximately 3.816 acres located in Dallas County, Texas, and
being more particularly described on Exhibit A attached hereto and
made a part hereof for all purposes (the "Purchaser Tract").
B. O~er owns a certain approximately 5.042 acre tract of
land adjacent to the Purchaser Tract ("Owner Tract").
C. In consideration of Purchaser's purchase of the
Purchaser Tract and in order to effectuate the use and development
of the Purchaser Tract and for other good and valuable
consideration in hand paid by Purchaser to Owner, Owner ha~_ agreed
to grant to Purchaser an easement for the purpose of constructing,
using and maintaining a water line across that portion of the Owner
Tract described on Exhibit E and as also shown by drawing on
Exhibit C, both of which exhibits are attached hereto and made a
part hereof for all purposes (the "Easement Area").
Agreements
NOW, THEREFORE, for an in consideration of the above
premises, the sum of Ten Dollars ($10.00) and other good and
valuable consideration paid by Purchaser to Owner, the receipt and
sufficiency of which are hereby acknowledged and confessed, and in
902 +0 0526
further consideration of the mutual conveyances, promises and
agreements herein contained, Owner does hereby agree as follows:
Owner has GP~ED, SOLD and CON~YED, and by these presents
does hereby GP~, SELL and CONEY unto l~/rchaser, its successors
and assigns a non-exclusive easement ("Easement") for the purpose
of const~-ucting, using and maintaining an underground water line to
be constructed as near to the northerly boundar~ of the Easement
Area as is reasonably possible under any applicable laws,
regulations or restrictions of the City of Coppell, and all
necessary and desirable appurtenances thereto, in the Easement Area
and in connection therewith, to tie into the existing water main
lying in the vicinity of the Owner Tract; together with the right
and privilege, at all reasonable times, of l~rchaser and the
agents, employees, worsen, representatives, successors and assigns
of the Purchaser, of ingress, egress and regress, in, along, and
upon, and across the Owner Tract for the purpose of installation,
use, operation, maintenance, repair, replacement, relocation, and
removal of the water line located thereon.
TO ~%~rE ~%~TD ~ HOLD the Easement unto Purchaser, its
respective successors and assigns, forever; and Owner does hereby
bind itself, its successors and assigns, to ~ PATD FOP. EVER
DEFE~rD all and singularly the Easement granted herein, unto
Purchaser, and their respective successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or
any part thereof by, through or under Owner, but not otherwise.
Owner hereby rese~-~es and retains unto itself, its
successors and assigns, the non-exclusive right to use the Easement
Area provided such use does not interfere with the use and
enjo~ment by Purchaser and its successors and assigns of the
Easement.
If Owner or anyone acting through or on behalf of Owner
shall damage any of improvements constructed by Purchaser in the
Easement Area in connection with the right to use the Easement Area
or to "tie-in" to any improvements in the Easement Area, as
provided herein, Owner shall promptly repair and restore such
improvements to their condition i-_~ediately prior to ~uch damage.
Owner has agreed to pay a portion of the cost of the const~ction
of th~ watar lin~ to ba located in th~ Ea~&ment Area, which
agreement is evidence in that certain Off-Site Facilities Agreement
dated of even date herewith, executed by Owner and Purchaser.
Owner shall not construct or place upon or across the Easement Area
any above-ground building structures without the prior written
approval of Pl~rchaser, which approval may be withheld in
Purchaser's sole discretion.
The Easement and the other tez~s of this Agreement shall be
considered covenants running with and appurtenant to the Owner
Tract and the Purchaser Tract, and both the benefits and burdens
thereof shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns.
90240 O527
EXECUTED AND DELIVERED as of the day and year first above
written.
S~.WDY L~KE CORNER~ JOINT VENTURE,
a Texas Joint venture
By: ALLEN PROPERTY CORPORATION,
a Texas corporation,
Manager
~ ~ ~ - -
By: 4 ..... '-. :'-- ,-
Michael R. Allen,
President
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day
of December, 1990, by MICHAEL R. ALLEN, President of ALLEN PROPERTY
CORPORATION, Manager of SANDY LAKECORNERS JOINT VENTURE, on behalf
of said joint venture.
'L(
NOTARY PUELIC in and for
My Co=~ission Expires:
i,.~.. ~, ..,.;~ KATHER!NE LYNNE
..,..e.,..=, 26, 1594
V: \FOCDL ] OII\RE594.1 '1 \YATEI~L I N. ES~I
90240 0528
BEING a tract of land situated in the S. M. Hiatt Survey,
Abstract No. 638 in the City of Coppell, Dallas County, Texas and
also being part of a tract of land conveyed to M. Douglas Adkins,
Trustee, as described in Volume 76118, Page 2355 of the Deed
Records of Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a point for corner on the north line of Sandy
Lake Road (a 60 foot right-of-way), said point being S. 88'19'50"
W., 488.71 feet from the intersection of the said north line of
Sandy Lake Road with the west line of Samuel Boulevard (a variable
width right-of-way);
THENCE S. 88'19'50" W., 259.02 feet continuing along the said
north line of Sandy Lake Road to a point for corner;
THENCE N. 0'54'46" W., 636.40 feet leaving the said north line
of Sandy Lake Road to a point for corner;
THENCE N. 88'31'00" E., 283.40 feet to a point for corner;
THENCE S. 1'24'20" E., 220.00 feet to a point for corner;
THENCE S. 89'05'14" W., 52.27 feet to a point for corner;
THENCE S. 0'54'46" E., 155.81 feet to a point for corner;
THENCE N. 89'05'14" E., 26.00 feet to a point for corner;
THENCE S. 0'54'46" E., 260.00 feet to the Point of Beginning
and containing 3.816 acres (166,236 square feet) of land.
594.11
90240 0529
Exhibit B
BEING a tract of land situated in the $; H. I~iatt Survey,
Abstract No.' 638 in the City of Copp~ll, Dallas County, Texas and
also being part of a tract of land conveyed to Sandy Lake Corners
Joint Venture, as described In Volume 90132, Page 0527 of the Deed
records of Dallas County, Texas and being more particularly
described as follows:
COMMENCING at a point of intersection of the north line of
Sandy Lake Road (a variable width right-of-way) with the west line
of Samuel Boulevard (a variable width right-of-way); thence
N.01o29'00"W., 448.93 feet along the said west line of Samuel
Boulevard to the Point of Beginning;
THENC£ S.88o31'00"W., 458.00 feet to a point for corner;
THENC£ N.01o29'00"W., 25.00 feet to a point for corner;
THENCE N.88o31.'00"E., 458.00 feet to a point for corner;
THENCE S.01o29'00"E., 25.00 feet along the said west line of
Samuel Boulevard to the Point of Beginning, and containing .263
acres of land.
902 0 0530
..f Cdl)l'pm'Ll,. C, HUIIC#{Wr (.HR~ST
0
'"'~ ~"' '""-,i .... "
SANDY LAKE ' ROAD ,
' EAsEue~ LOcAt~O~.~