SC-Town Center E8-ES 920804 DEDICATION OF
UTILITY EASEMENT
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
That The Parks of Coppell Trust ("Grantor"), acting by and through '~-
Trustee, for and in consideration of the sum of One and No/lO0 Dollars
($1.00) and other good and valuable consideration in hand paid by the City of
Coppell, Texas ("Grantee"), the receipt and sufficiency of which is hereby
acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED untc
Grantee, and does by these presents GRANT, BARGAIN, SELL AND CONVEY untc
Grantee, the free and uninterrupted use, liberty and privilege of passage in,
under, along, upon and across that certain land located in the Cisy of
Coppell, Dallas County, Texas, owned by Grantor described by metes and bounds
on attached Annex A and depicted on attached Annex B, both attached Annex A
and attached Annex B being incorporated herein by reference for all purposes
(the "Easement Area"), for the purpose of locating, constructing, placing,
connecting to, using, operating, repairing, maintaining, replacing,
relocating and removing utility lines and improvements, including, withou5
limitation, electrical, gas, telephone, telecommunications, sanitary sewer
and storm sewer lines and.improvements (the "Easement").
TO HAVE AND TO HOLD the Easement, together with all and singular the
rights and appurtenances thereto in any wise belonging unto Grantee an~
Grantee's successors and assigns forever.
Notwithstanding anything to the contrary contained herein, Grantor
hereby expressly reserves unto Grantor and Grantor's successors and assigns
the right to use and enjoy the Easement Area for any purposes which do not
unreasonably interfere with the rights granted to Grantee herein, including,
without limitation, the right to: (i) grant or dedicate additional easements
or rights-of-way in, under, along, upon and across the Easement Area; and
(ii) locate, construct, place, repair, maintain, replace, relocate and remove
in, under, along, upon and across the Easement Area roads, streets, alleys,
driveways, walkways, passageways, utility improvements, parking improvements,
lighting improvements, fences, signs and landscaping.
Notwithstanding anything to the contrary contained herein, Grantor
further hereby expressly reserves the right to relocate the Easement Area and
any easement improvements then existing thereon if such relocation is
necessary to permit or facilitate development of Grantor's lands adjacent to
the Easement Area, but all costs of any such relocation must be paid by
Grantor and any such relocation must be approved in advance by Grantee, which
approval will not be unreasonably withheld or delayed.
Notwithstanding anything to the contrary contained herein, i5 is
understood and agreed that this instrument creates an easement only and in nc
way grants, conveys or dedicates to Grantee any part of the underlying fee
simple estate of Grantor in or to the Easement Area. The Easement shall
terminate, without suit or remedy, when Grantee abandons the Easement.
The Easement is being created in part to facilitate the development of
lands owned by The Parks of Coppell Trust ("Trust") to the west and north of
the Easement Area. Trust shall have the right to locate, construct, place,
connect to, use, operate, repair, maintain, replace, relocate and remove
utility lines and improvements in the Easement Area to facilitate development
of such lands. Notwithstanding anything to the contrary contained herein,
the Easement shall not terminate or be terminated without the written consent
of Trgst for a period of ten (10) years after the date hereof.
This instrument and all of the terms and provisions contained herein
shall be covenants running with the land and shall inure to the benefit of
and be binding upon Grantor and Grantee and'their respective successors and
assigns. At Grantee's option, Grantee's rights hereunder also may be
exercised by Grantee's employees, contractors, subcontractors and agents.
EXECUTED as of the 4th day of August, 1992.
THE PARKS OF COPPELL TRUST
Harry M. H~grave
Trust%e
STATE OF TEXAS §
COUNTY OF DALLAS
This instrument was acknowledged before me on August 4, . 1992, by
Harry M. Hargrave, Trustee of The Parks of Coppell Trust on behalf of said
trust.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 4th day of August,
1992.
/-%
Notary ~'~1~' in and for
the~,~ta'~ te ~f Texas ,
,~,,~".~t..~.'~_"'~,,. ~--.~.= NOTARY PUBLIC
~%~,~F-"%.._Jj STATE OF TEXAS"
~ :~~ My Comm. Exp. 8-~92
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After filing, please return to:
Richard M. D0oley
Jackson & Walker, L.L.P.
901 Main Street, Suite 6000
Dallas, Texas 75202
RMD/2~_3695/D
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ANNEX A
IDRAINAGE AND UTILITY EASEMENT
BEING a 25 foot wide strip of land situated in the $.A.
& M.G.R.R. Survey, Abstract No. ~430 in Dallas County, TC~aS
and being part o' a tract of land as described in deed from
Good Flnsncial Corporation to M. Douglas Adkins, Trustee, as
recorded in Volume 76188, Page 2355 of the Deed Records of Dallas
County, Texas and being more particularly described as follows:
COMMENCING at a point of intersection cf the southerly
line of Parkway Boulevard (an 88 foot R.O.W.) with the west
!!ne of Heartz R~ad (a 60 foot R.O.W.); Thence along said west
line of Hearuz ~oad the following courses and distances; S.
74"14'42" E., 34~13 feet to the beginning of a curve to the
right having a central angle of 21"56'42" and a radius of 179.09
feet; Thence 63.59 feet to the end of said curve; Thence S.
1"22'49" E., 952.90 fee~ to the POINT OF BEGINNING;
THENCE S. 1:22'49" E., 25.00 feet continuing along the
said west linc of Heartz Road to a point for corner;
THENCE S. 8~59'56" W., 289.56 fee: leaving the said west
line of Heartz Road to a point for corner;
THENCE Z. ~0~)0~58'' ~., 281.52 feet to a point ~or corner;
THENCE S..88"59'02" W., 338.66 feet to a point for corner;
TI~ENCE N. 1°~2~49'' W., 25.00 fee% to a point for corner;
THENCE N. 88'59'02" E., 3~3.82 feet to a point for corner;
THENCE N. 1"00'58" W.~ 281.52 feet to a point for corner;
TM~NCE N. ~8"59'02" E., 314.40 ~eet to the Point of
Bcplnning and co%raining 0.522 acres (22,744 s~uare feet) of
land.
DAN M. DOWD£Y & ASSOCIATES , INC. ~,,/'~,v~.,. ~-~'~'-~'z
[(2141 931-0694 ~ALLAS , TEXAS T5248 ~