SC-Coppell HS-ES 890627DEDICATION OF SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
That ABQ Development Corporation, a corporation duly
organized and existing under the laws of the State of New Mexico
("Grantor"), does hereby dedicate to the City of Coppell, Dallas
County, Texas ("Grantee"), for the use and benefit of the public
and subject to the conditions and limitations contained herein,
but without warranty of title, either express or implied, a
nonexclusive easement for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing underground sanitary sewerage lines (hereinafter called
"Sewerage"), and for making connections to such Sewerage, in,
upon and across that certain strip of land more particularly
described by metes and bounds on Exhibit "A" and shown on the
sketch on Exhibit "B" attached hereto and made a part hereof for
all purposes (hereinafter sometimes called the "Easement Strip").
Nothing contained herein shall grant, or be construed to grant,
Grantee the right to use the Easement Strip for any purpose other
than for the purposes set forth herein.
TO HAVE AND TO HOLD the above described easement,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and
assigns forever.
This easement is granted, and accepted, subject to all
encumbrances, liens, covenants, conditions and other matters (i)
of record in Dallas County, Texas, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent
same exist and affect the easement herein granted.
Grantee agrees at all times to maintain in good con-
dition and repair such Sewerage at no expense to Grantor.
Further, Grantee agrees to pay Grantor promptly for all damages,
if any, necessarily caused to Grantor's other lands from time to
time by reason of the construction, operation, maintenance,
repair, alteration, and or servicing of the Sewerage.
Should it become necessary at any time for Grantee or
its agents to enter upon the Easement Strip for the purposes of
maintaining, repairing, altering, relocating, and/or removing the
Sewerage as permitted hereunder, Grantee shall, after each entry
upon said land, leave said land at the same level and condition
that it was in prior to such entry to the full extent reasonably
practicable; and in the event that any such entry should cause or
produce damage to fences, gates, streets, roadways, driveways,
paving, landscaping or other improvements that may be situated on
said land, or cause or produce damages to the surface of said
land or any other lands of Grantor, Grantee shall promptly pay to
Grantor any and all damages that may be caused by reason of any
such subsequent entry.
Grantor expressly reserves unto itself and its suc-
cessors and assigns, the right to use and enjoy the land covered
by the Easement Strip for any purposes whatsoever, except insofar
as said use and enjoyment unreasonably interfere with the rights
hereby granted to Grantee. Grantor specifically reserves,
without limitation, the right (i) to grant or dedicate additional
easements or rights-of-way upon or across the Easement Strip to'
such other persons or entities and for such purposes as Grantor
may desire (ii) to extend roads, public or private streets, dri-
veways, walks, passageways, landscaping, planting and other like
uses across and along the Easement Strip, (tti) to construct or
locate upon or across the Easement Strip fences, signs, pavement
DEDICATION OF SANITARY SEWER EASEMENT - Page I
252
and other such items or materials, (iv) to provide public or pri-
vate drainage facilities upon and across the Easement Strip, pro-
vided that, in all such cases, Grantee shall not be unreasonably
disturbed nor shall there be any unreasonable interference in
Grantee's use and enjoyment of the rights hereby granted to
Grantee.
All persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
Grantee, by the acceptance and recording of this easement, hereby
agrees to indemnify, defend and hold Grantor, its successors and
assigns, harmless from and against any and all liability, claims,
damages, costs and expenses (including reasonable attorney's
fees) arising from any and all construction, reconstruction,
maintenance, operation, removal and other work performed by
Grantee, its agents and employees or its contractors or sub-
contractors pursuant to its rights hereunder, unless caused
solely by the negligence of Grantor.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor. This
easement shall terminate, without suit or reentry, when the use
of said Sewerage therein installed ceases or when Grantee aban-
dons said Sewerage.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, subcontractors,
agents and employees.
IN WITNESS WHEREOF, this instrument is executed this the
day of ~(~rC~- , 1989.
ABQ DEVELOPMENT CORPORATION
STATE OF ~J~c, fY~,f~,, §
COUNTY OF
'Stan Stri~km~n,
Senior Vice President
This instrument was acknowledged before me on this ~,:'~ day
of ~(XfC~ , 1989, by Stan Strickman, Senior Vice
President of ABQ Development, a New Mexico corporation, on behalf
of said corporation.
.~..,.:~,~ '~":~- OFFICIAL SEAL
~:~.'.,~':~-:;~ EDNA PACHECO
~'~ ~., ~', :'( ".'~ NOTARY PUBLIC -S~ATE OF NEW
%.t < .~.. ',~Z~' ,';-' '
~L_;,~::~..~::~ Netary Bond Filed ~tn SecrctaW__/_ of State
,-:,, .... <c~,
~ ~y Commission Expires
Notary Public in and for the
State of ~x3 ~ e~F¢o~
My commission expires:
Printed name of Notary:
DEDICATION OF SANITARY SEWER EASEMENT - Page 2
253
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
co~yed~ by this Dedication of Sanitary Sewer Easement dated
'~/m~4~ 6 , , 1989, from ABQ Development Corporation to the
Cit~ ~f Coppell, County of Dallas, State of Texas, has been duly
accepted, subject to al/ terms and conditionsk~ontained therein,
by resolution of the City Council adopted ~x~__ ! ~ /~
198 ~ and the City Council has consented to ~ecordation' '
, of such
Dedication of Sanitary Sewer Easement by its duly authorized
officer.
DATED ~~ /:7 , 198~ .
ATTEST:
Dallas CoUnty, Texas
City of ~6ppell
Dallas County,~exas
STATE OF TEXAS §
COUNTY OF
This
of
Mayor of
etrUment was acknowledged before me on this
City of Coppell, Dallas County, Texas.
day
Notary Public in and for the
State of Texas
My commission expires:
Printed name of Notary:
After Filing Please Return To:
ABQ Development Corporation
c/o James W. Schell
Law, Snakard & Gambill
3200 Texas American Bank Bldg.
Fort Worth, Texas 76102
JWS/bw#95
Easement
DEDICATION OF SANITARY SEWER EASEMENT - Page 3
LEGAL DESCRIPTION
SANITARY SEWER EASEMENT
BEING a tract of land located in the S.A. & M.G.R.R. SURVEY,
Abstract No. A-1430, City of Coppell, Dallas County, Texas and
being a portion of the 109.7022 acre tract of land described as
Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION by the deed
recorded in Volume 88103, Page 2326 of the Deed Records of Dallas
County, Texas, and being more particularly described by metes and
bounds as follows;
COMMENCING at an iron rod at the north end of the most southerly
west boundary line of said 109.7022 acre tract, said iron rod
also being the northeast corner of future Lot 1, Block A of
Coppell High School Addition, unrecorded;
THENCE S 88° 37' 59" W, 39.21 feet along said boundary of the
aforesaid ABQ DEVELOPMENT CORPORATION tract with the north
boundary of the aforesaid Lot 1, Block A, Coppell High
School Addition to the POINT OF BEGINNING;
THENCE S 88° 37' 59" W, 15.00 feet continuing along said boundary
- to a Point;
THENCE N 02° 35' 57" W, 204.79 feet to a Point;
THENCE N 83° 20' 22" E, 8.08 feet to a Point;
THENCE N 87° 10' 48" E, 6.94 feet to a Point;
THENCE S 02° 35' 57" E,
containing 0.0707
less.
205.71 feet to the POINT OF BEGINNING,
acres (3081 square feet) of land, more or
EXHIBIT
DEDICATION OF STORM DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
That ABQ Development Corporation, a corporation duly
organized and existing under the laws of the State of New Mexico
("Grantor"), does hereby dedicate to the City of Coppell, Dallas
County, Texas ("Grantee"), for the use and benefit of the public
and subject to the conditions and limitations contained herein,
but without warranty of title, either express or implied, a
nonexclusive easement for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, or removing a storm
drainage system consisting of an underground storm drainage pipe,
headwall, riprap, concrete apron and other necessary drainage
improvements (hereinafter called "Storm Drain"), and for making
connections to such Storm Drain in, upon and across that certain
strip of land more particularly described by metes and bounds on
Exhibit "A" and shown on the sketch on Exhibit "B" attached
hereto and made a part hereof for all purposes (hereinafter some-
times called the "Easement Strip"). Nothing contained herein
shall grant, or be construed to grant, Grantee the right to use
the Easement Strip for any purpose other than for the purposes
set forth herein.
TO HAVE AND TO HOLD the above described easement,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and
assigns forever.
This easement is granted, and accepted, subject to all
encumbrances, liens, covenants, conditions and other matters (i)
of record in Dallas County, Texas, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent
same exist and affect the easement herein granted.
Grantee agrees at all times to maintain in good con-
dition and repair such Storm Drain at no expense to Grantor.
Further, Grantee agrees to pay Grantor promptly for all damages,
if any, necessarily caused to Grantor's other lands from time to
time by reason of the construction, operation, maintenance,
repair, alteration, and or servicing of the Storm Drain.
Should it become necessary at any time for Grantee or
its agents to enter upon the Easement Strip for the purposes of
maintaining, repairing, altering, and/or removing the Storm Drain
as permitted hereunder, Grantee shall, after each entry upon said
land, leave said land at the same level and condition that it was
in prior to such entry to the full extent reasonably practicable:
and in the event that any such entry should cause or produce
damage to fences, gates, streets, roadways, driveways, paving,
landscaping or other improvements that may be situated on said
land, or cause or produce damages to the surface of said land or
any other lands of Grantor, Grantee shall promptly pay to Grantor
any and al/ damages that may be caused by reason of any such sub-
sequent entry.
Grantor expressly reserves unto itself and its suc-
cessors and assigns, the right to use and enjoy the land covered
by the Easement Strip for any purposes whatsoever, except insofar
as said use and enjoyment unreasonably interfere with the rights
hereby granted to Grantee. Grantor specifically reserves,
without limitation, the right (i) to grant or dedicate additional
easements or rights-of-way upon or across the Easement Strip to
such other persons or entities and for such purposes as Grantor
may desire (ii) to extend roads, public or private streets, dri-
veways, walks, passageways, landscaping, planting and other like
DEDICATION OF STORM DRAINAGE EASEMENT - Page
258
uses across and along the Easement Strip, (iii) to construct or
locate upon or across the Easement Strip fences, signs, pavement
and other such items or materials, (iv) to provide public or pri-
vate drainage facilities upon and across the Easement Strip, or
to tie into or connect Grantor's drainage facilities to the Storm
Drain, provided that, in all such cases, Grantee shall not be
unreasonably disturbed nor shall there be any unreasonable inter-
ference in Grantee's use and en3oyment of the rights hereby
granted to Grantee.
Ali persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
Grantee, by the acceptance and recording of this easement, hereby
agrees to indemnify, defend and hold Grantor, its successors and
assigns, harmless from and against any and all liability, claims,
damages, costs and expenses (including reasonable attorney's
fees) arising from any and all construction, reconstruction,
maintenance, operation, removal and other work performed by
Grantee, its agents and employees or /ts contractors or sub-
contractors pursuant to its rights hereunder, unless caused
solely by the negligence of Grantor.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor. This
easement shall terminate, without suit or reentry, when the use
of said Storm Drain therein installed ceases or when Grantee
abandons said Storm Drain.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, subcontractors,
agents and employees.
IN WITNESS WHEREOF, this instrument is executed this the
day of ~f(~ , 1989.
ABQ DEVELOPMENT CORPORATION
Stan Str ic~m~n,
Senior Vice President
DEDICATION OF STORM DRAINAGE EASEMENT - Page 2
891 2 4259
STATE OF
COUNTY
This instrument was acknowledged before me on this ('~ day
of ~d¢('~ , 1989, by Stan Strickman, Senior Vice
President of ABQ Development, a New Mexico corporation, on behalf
of said corporation.
OFPICIAL SEAL
EDNA PACHECO
NOTARY PUBLIC - STATE OF NEW MEXICO
Notary Bond Filed with Secretary of State
MY~ Commission Expires 3/?/5;/
Notary Public in and for the
State of
My commission expires:
Printed name of Notary:
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
c~yed; by this Dedication of Storm Drainage Easement dated
~m~ ~ , 1989, from ABQ Development Corporation to the
Ci~ 6~'Coppell, County of Dallas, State of Texas, has been duly
accepted, subject to all terms and conditions c~ntained therein,
by resolution of the City Council adopted
198 ~, and the City Council has consented to r~cordation of such
Dedication of Storm Drainage Easement by its duly authorized
officer.
ATTEST: ,
C~ppe 11
Dallas Coun~cy, Texas
Mayor', City of~ppell
Da/las County, 6~exas
DEDICATION OF STORM DRAINAGE EASEMENT - Page
89i1 2 q260
STATE OF TEXAS §
This %i~strument was acknowledged before me on this
Mayor of ~e City of Coppell, Dallas County, Texas.
day
Notary Public in and for the
State of Texas
My commission expires:
~ /3', /99~
Printed name of Notary:
After Filing Please Return To:
ABQ Development Corporation
c/o James W. Schell
Law, Snakard & Gambill
3200 Texas American Bank Bldg.
Fort Worth, Texas 76102
JWS/bw#95
Storm
DEDICATION OF STORM DRAINAGE EASEMENT - Page 4
89' 2 26!1
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
BEING a tract of land located in the S.A. & M.G.R.R. SURVEY,
Abstract No. A-1430, City of Coppell, Dallas County, Texas and
being a portion of the 109.7022 acre tract of land described as
Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION by the deed
recorded in Volume 88103, Page 2326 of the Deed Records of Dallas
County, Texas, and being more particularly described by metes and
bounds as follows;
COMMENCING at an iron rod at the most westerly southwest corner
of said 109.7022 acre tract, said iron rod also being the
northwest corner of future Lot 1, Block A of Coppell High School
Addition, unrecorded;
THENCE S 87° 17' 03" W, 1181.25 feet along the south boundary of
said 109.7022 acre tract to the POINT OF BEGINNING;
THENCE N 01e 32' 03" E, 153.15 feet to a Point;
THENCE N 85° 50 25" W 11.68 feet to a Point;
THENCE N 16° 11 21" W 32.28 feet to a Point;
THENCE N 25° 20 46" E 10.51 feet to a Point;
THENCE S 76° 12 02" E 58.69 feet to a Point;
THENCE S 28° 04 21" W 25.50 feet to a Point;
THENCE S 65° 13 29" W 14.32 feet to a Point;
THENCE N 85° 50 25" W 5.88 feet to a Point;
THENCE S 01° 32' 03" W, 152.90 feet to a Point in the south
boundary of the aforesaid ABQ DEVELOPMENT CORPORATION tract
and the north boundary of the aforesaid Coppell High School
Addition;
THENCE N 87° 17' 03" W, 10.00 feet along the south boundary of
said ABQ DEVELOPMENT CORPORATION tract to the POINT OF BEGINNING,
containing 0.0756 acres (3293 square feet) of land, more or less.
.XHIBIT A
UJ
5. A. ~, ~.G.K.R. §URUEY
AB$1*%Ar..I' rio. iq**~O
o 20 4D 6o
! I I I
I" · 20'
POlnl' OF BEc, InninG
587"/7'0~"£ /l~2~ ""
87" 1'7' 0'5" E
I0.00'
!
EXHIBIT
STORrr) DRRII"I [~£mE11T
57-1~14 R.C.?. ( 14ERDWALL
ownER
ABQ DEVELOPm~.nT CORPORRl'tOrl
OOPP~ INDEPENDENT VOL. 88105, PG, 232~
SCHOOL DISTRICT S.A. ( ITI.G. RR. SURVEY'
ABSTRACT Il. 1410, DALLAS counTY, TEk'AS
Point OF corrlrrlEnClrlG
~,,.~u,.,=~, ~oo----~o-,~ , CITY OF ¢OPP. F. LL, TEXAS
AS(~ DEU~LOPm[nT ~:~L-LL]dLI' Id m~
00KPOKA'TIOr) ,~.,~.~ m,--.
C~ ', - · · ~ ~l/es~,wayPlace · ~50! · ArNfl~on.?e.asT~C)18 · li.4~0~17) 467-~41B ~1)17)46~
:TAnUAR¥ 15, I 89 8~!:~E ~ , , , , ,
DEDICATION OF STORM DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
That the Coppell Independent School District, of Dallas
County, Texas by and through the President of /ts Board of
Trustees, on behalf of such Board of Trustees ("Grantor"), does
hereby dedicate to the City of Coppell, Dallas County, Texas
("Grantee"), for the use and benefit of the public and subject to
the conditions and limitations contained herein, but without
warranty of title, either express or implied, a nonexclusive
easement for the purpose of locating, constructing, placing,
repairing, maintaining, replacing, or removing a storm drainage
system consisting of a box culvert and other necessary drainage
improvements (hereinafter called "Storm Drain"), and for making
connections to such Storm Drain in, upon and across that certain
strip of land more particularly described by metes and bounds on
Exhibit "A" and shown on the sketch on Exhibit "B" attached
hereto and made a part hereof for al/ purposes (hereinafter some-
times called the "Easement Strip"). Nothing contained herein
shall grant, or be construed to grant, Grantee the right to use
the Easement Strip for any purpose other than for the purposes
set forth herein.
TO HAVE AND TO HOLD the above described easement,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and
assigns forever.
This easement is granted, and accepted, subject to all
encumbrances, liens, covenants, conditions and other matters (i)
of record in Dallas County, Texas, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent
same exist and affect the easement herein granted.
Grantee agrees at all times to maintain in good con-
dition and repair such Storm Drain at no expense to Grantor.
Further, Grantee agrees to pay Grantor promptly for all damages,
if any, necessarily caused to Grantor's other lands from time to
time by reason of the construction, operation, maintenance,
repair, alteration, and or servicing of the Storm Drain.
Should it become necessary at any time for Grantee or
its agents to enter upon the Easement Strip for the purposes of
maintaining, repairing, altering, and/or removing the Storm Drain
as permitted hereunder, Grantee shall, after each entry upon said
land, leave said land at the same level and condition that it was
in prior to such entry to the full extent reasonably practicable;
and in the event that any such entry should cause or produce
damage to fences, gates, streets, roadways, driveways, paving,
landscaping or other improvements that may be situated on said
land, or cause or produce damages to the surface of said land or
any other lands of Grantor, Grantee shall promptly pay to Grantor
any and all damages that may be caused by reason of any such sub-
sequent entry.
Grantor expressly reserves unto itself and its suc-
cessors and assigns, the right to use and enjoy the land covered
by the Easement Strip for any purposes whatsoever, except insofar
as said use and enjoyment unreasonably interfere with the rights
hereby granted to Grantee. Grantor specifically reserves,
without /imitation, the right (i) to grant or dedicate additional
easements or rights-of-way upon or across the Easement Strip to
such other persons or entities and for such purposes as Grantor
may desire (ii) to extend roads, public or private streets, dri-
veways, walks, passageways, landscaping, planting and other like
DEDICATION OF STORM DRAINAGE EASEMENT - Page
,.q 21,: h265
uses across and along the Easement Strip, (iii) to construct or
locate upon or across the Easement Strip fences, signs, pavement
and other such items or materials, (iv) to provide public or pri-
vate drainage facilities upon and across the Easement Strip, or
to tie into or connect Grantor's drainage facilities to the Storm
Drain, and (v) to grant easements to and permit other landowners
to tie into or connect storm drainage laterals to the Storm
Drain, provided that, in all such cases, Grantee shall not be
unreasonably disturbed nor shall there be any unreasonable inter-
ference in Grantee's use and enjoyment of the rights hereby
granted to Grantee.
Ail persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
Grantee, by the acceptance and recording of this easement, hereby
agrees to indemnify, defend and hold Grantor, its successors and
assigns, harmless from and against any and all liability, claims,
damages, costs and expenses (including reasonable attorney's
fees) arising from any and all constructicn, reconstruction,
maintenance, operation, removal and other work performed by
Grantee, its agents and employees or its contractors or sub-
contractors pursuant to its rights hereunder, unless caused
solely by the negligence of Grantor.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor. This
easement shall terminate, without suit or reentry, when the use
of said Storm Drain therein installed ceases or when Grantee
abandons said Storm Drain.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, subcontractors,
agents and employees.
~,/ IN WITNESS WH~OF, this instrument is executed this the
day of ~/-?~F'~-F;~ , 1989.
Board of Trustees of the
COPPELL INDEPENDENT SCHOOL
DISTRICT
Bt~Ard of Trust'e'e'~
DEDICATION OF STORM. DRAINAGE EASEMENT - Page 2
COUNTY OF<~_~~
_ Th~s in~t.~ment was acknowledged before me on thi ~sc~,..~L~day
or ~-___~,.,~.~-~.~-~ , 1989, by Judi Baggett, Presiden~ o~ the
Board,7/of Trustees of the Coppell Independent School District, on
behalf of said Board of Trustees.
My commission expires:
~N6f~r~-Pub~aD4~ for 'tHe
State of
Printed name of Not~ry:
CERTIFICATE OF ACCEPTANCE
This is to certify thai the interest in real property
conve~d . .~ this Dedication of Storm Drainage Easement dated
/~"3~J~' ~ __, 1989, from the Board of Trustees of the
Cop~ Independent School District to the City of Coppell,
County of Dallas, State of Texas, has been duly accepted, subject
to all terms and conditions ~htained therein, by resolution of
the City Council adopted (~z-~_~ t~ , 198~ , and the
City Council has consented t6~recordation of such Dedication of
Storm Drainage Easement by its duly authorized officer.
ATTEST:
City Secretly, Ci~y of Coppe~
Dallas County, Texas
Mayor, City of C~pel
Dallas County, ~exas
DEDICATION OF STORM DRAINAGE EASEMENT - Page
STATE OF TEXAS
COUNTY OF
This~nstrument was acknowledged before me on this
of , 198~, by ./-~/]~/~,
Mayor of~the C~ty of Coppell, Dallas County, Texas.
Notary Public ~n and for the
State of Texas
day
My commission expires:
Printed name of Notary:
After Filing Please Return To:
ABQ Development Corporation
c/o James W. Schell
Law, Snakard & Gambill
3200 Texas American Bank Bldg.
Fort Worth, Texas 76102
JWS/bw#95
2.Storm
DEDICATION OF STORM DRAINAGE EASEMENT - Page 4
LEGAL DESCRIPTION
STORM DRAIN EASEMENT - BOX CULVERTS
BEING a tract of land located in the GEORGE W. JACK SURVEY,
Abstract No. 694, City of Coppell, Dallas County, Texas and .being
a portion of the tract of land conveyed to COPPELL INDEPENDENT
SCHOOL DISTRICT by the deed recorded in Volume 89008, Page 2731
of the Deed Records of Dallas County, Texas, and more
particularly described by metes and bounds as follows;
BEGINNING at an iron rod at the most northerly northeast corner
of said tract, said iron rod also being at the north end of
the most southerly west property line of a tract of land
described as Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION
by deed recorded in Volume 88103, Page 2326 of the Deed
Records of Dallas County, Texas;
THENCE S 00° 45' 04" E, along the east boundary of the aforesaid
CO?PELL INDEPENDENT SCHOOL DISTRICT tract at 1299.41 feet
passing an iron rod being the most southerly southwest
corner of said ABQ DEVELOPMENT CORPORATION tract and
continuing in all a total distance of 1328.54 feet to a
point, said point being the most southerly southeast corner
of the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract;
THENCE N 86° 34' 00" W, 30.08 feet along the south boundary of
the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract to a
Point;
THENCE N 00° 45' 04" E, 971.43 feet to a Point;
THENCE S 89° 14' 56" W, 5.00 feet to a Point;
THENCE N 00° 45' 04" W, 355.05 feet to a Point lying in the north
boundary line of the aforesaid COPPELL INDEPENDENT SCHOOL
DISTRICT tract;
THENCE N 89° 28' 56" E, 35.00 feet along said north boundary line
of the COPPELL INDEPENDENT SCHOOL DISTRICT tract with the
south boundary line of the aforesaid ABQ DEVELOPMENT
CORPORATION tract to the POINT OF BEGINNING, containing
0.9550 acres (41,600 square feet) of land, more or less.
- 35.00'/
/= ·
\
8
35.0'-~
S 89° Iq.' sC,,', ~J-
0
o
COPI:~LL INDEPENDENT
SCHOOL DISTRICT
VOL 89008, PG. 2731
D. R. D. C.T. --'"
n 8¥~ ~oo,, ~
EXHIBIT B°
3'~rlUA~¥ I~, 1989
PROPERTY LlrlE
POIrlT OF BEGII'lr'IIFI6
5. A. ~ rrI.G.R.R. SURVEY AI~STRACT no.l~50
6EORGE W. ;]'ACK SURVEY A&S'I'RR£1' 1't0.
TRACT 1
ABQ DEVELOPMENT CORPORATION
VOL. 88103, PG. 2326
D. R. D. C. T.
~ O. 9c~0 AC.
~ ~ 150X CULUER'T
· '"'--- 81.5 '
l" = 1OO'
EXHIBIT
5ToRrrl DEAlt1 EASErrlEnT
15 O,V,, £ULUERT
O~dnER
COPPELL ZS.D.
V0b. 8~)008, P6. ~731
86 ° 3~' 00"~
~O. 08'
GEORGE t4.3'AO.K SURUF.¥
ABSTRACT 13". 694, DALLAS COUllTY, I'EXA5
CITY OF COPPELb,'TEXA5
dP Jerry Parcl~ Consulting Engineers ~
3,~'O'dV~-stw.% ~l~¢e · Sidle 50l · Arlington. Texas 760t8 · kO.to I~11[ 467-241g · 1817~ 465-0~S9
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
That ABQ Development Corporation, a corporation duly
organized and existing under the laws of the State of New Mexico
("Grantor"), does hereby dedicate to the City of Coppell, Dallas
County, Texas ("Grantee"), for the use and benefit of the public
and sub3ect to the conditions and limitations contained here~n,
but without warranty of title, either express or implied, a
nonexclusive easement for the purpose of locating, constructing,
p/acing, repairing, maintaining, replacing, or removing a storm
drainage system consisting of open earthen channels, concrete
lined channels or enclosed underground drainage facilities
(hereinafter called "Drainage System"), in, upon and across that
certain strip of land more particularly described by metes and
bounds on Exhibit "A" and shown on the sketch on Exhibit "B"
attached hereto and made a part hereof for all purposes
(hereinafter sometimes called the "Easement Strip"). Nothing
contained herein shall grant, or be construed to grant, Grantee
the right to use the Easement Strip for any purpose other than
for the purposes set forth herein.
TO HAVE AND TO HOLD the above described easement,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and
assigns forever.
This easement is granted, and accepted, subject to all
encumbrances, liens, covenants, conditions and other matters (i)
of record in Dallas County, Texas, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent
same exist and affect the easement herein granted.
Grantee agrees at all times to maintain in good con-
dition and repair such Drainage System at no expense to Grantor.
Further, Grantee agrees to pay Grantor promptly for all damages,
if any, necessarily caused to Grantor's other lands from time to
time by reason of the construction, operation, maintenance,
repair, alteration, reconstruction, replacement and/or servicing
of the Drainage System.
Should it become necessary at any time for Grantee or
its agents to enter upon the Easement Strip for the purposes of
maintaining, repairing, altering, relocating, and/or removing the
Drainage System as permitted hereunder, Grantee shall, after each
entry upon said land, leave said land at the same level and con-
dition that it was in prior to such entry to the full extent
reasonably practicable; and in the event that any such entry
should cause or produce damage to fences, gates, streets, road-
ways, driveways, paving, landscaping or other improvements that
may be situated on said land, or cause or produce damages to the
surface of said land or any other lands of Grantor, Grantee shall
promptly pay to Grantor any and all damages that may be caused by
reason of any such subsequent entry.
Grantor expressly reserves unto itself and its suc-
cessors and assigns, the right to use and enjoy the land covered
by the Easement Strip for any purposes whatsoever, except insofar
as said use and enjoyment unreasonably interfere with the rights
hereby granted to Grantee. Grantor specifically reserves,
without limitation, the right (i) to grant or dedicate additional
easements or rights-of-way upon or across the Easement Strip to
such other persons or entities and for such purposes as Grantor
may desire (ii) to provide public or private drainage facilities
upon and across the Easement Strip, or to tie into or connect
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page
99T2 q. 272
Grantor's drainage facilities to the Drainage System, provided
that, in all such cases, Grantee shall not be unreasonably
disturbed nor shall there be any unreasonable interference in
Grantee's use and enjoyment of the rights hereby granted to
Grantee.
Al/ persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
Grantee, by the acceptance and recording of this easement, hereby
agrees to indemnify, defend and hold Grantor, its successors and
assigns, harmless from and against any and al/ liability, c/aims,
damages, costs and expenses (including reasonable attorney's
fees) arising from any and all construction, reconstruction,
maintenance, operation, alteration, relocation, removal and other
work performed by Grantee, its agents and employees or its
contractors or subcontractors pursuant to its rights hereunder,
unless caused solely by the negligence of Grantor.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor. This
easement shall terminate, without suit or reentry, when the use
of said Drainage System thereon constructed ceases or when
Grantee abandons said Drainage System.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, subcontractors,
agents and employees.
IN WITNESS WHEREOF, this instrument is executed this the
day of r~a~ , 1989.
ABQ DEVELOPMENT CORPORATION
By :,
Stan Strickman,
Senior Vice President
STATE OF ~au3 ~e~,(c §
COUNTY OF ~ec~a\,~ O §
This instrument was acknowledged before me on this ~ ~[ day
of ~%aV¢~ , 1989, by Stan Strickman, Senior Vice
President of ABQ Development, a New Mexico corporation, on behalf
of said corporation.
/,~~, OFFICIAL SEA[
' '"" ~' ~'""!' EDNA PACHECO
NOTARY PUBLIC STATE OF NZW MEXICO
':,[" '-/",' , : ~" Notary Bono Filed ~vith Secretary o~ SL;te
'.~ · -... ~' My Commission Expires
Notary Public in and for the
State of .~)ezo ~4e~oo
My commission expires:
Printed name of Notary:
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page 2
277
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed_~ jthis ~edication of Storm Drainage Channel Easement
dated ' ~/~/-- $ , 1989, from ABQ Development Corporation
to the City of Coppell, county of Dallas, State of Texas, has
been duly accepted, subject to all terms and conditior~ contained
therein, by resolution of the City Council adopted
19Bi. ca and the City Council has consented torecorda:ion~A
Ded tton of Storm Drainage Channel Easement by its duly
authorized officer
DATED ~ !3 , 198~ .
ATTEST:
City Secretary, ¢it¥ of Coppell
Dallas County, Texas
Mayor, City of ~bppel
Dal/as County,6~Texas
STATE OF TEXAS §
Thi~nstrument was acknowledged before me on this / ~ day
of ~,~_~.,~_ , 198~, by ./~//~/~._~ ~t/~,=-~- ,
Mayor of]the City of Coppell, Dallas County, Texas.
No~y Public in'and for the
State of Texas
My commission expires:
Printed name of Notary:
After Filing Please Return To:
ABQ Development Corporation
c/o James W. Schell
Law, Snakard & Gambill
3200 Texas American Bank Bldg.
Fort Worth, Texas 76102
JWS/bw#95
Channel
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page 3
LEGAL DESCRIPTION
CHANNEL EASEMENT %2
BEING a tract of land located in the S.A. & M.G.R.R. SURVEY,
Abstract No. A-1430, City of Coppell, Dallas County, Texas and
being a portion of the 109.7022 acre tract of land described as
Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION by the deed
recorded in Volume 88103, Page 2326 of the Deed Records of Dallas
County, Texas, and being more particularly described by metes and
bounds as follows;
BEGINNING at an iron rod at the most westerly southwest corner of
said 109.7022 acre tract, said iron rod also being the
northwest corner of future Lot 1, Block A of Coppell High
School Addition, unrecorded;
THENCE N 01° 15' 38" W, 465.00 feet along the west boundary line
of said ABQ DEVELOPMENT CORPORATION tract to a Point;
THENCE N 89° 22' 36" E, 55.00 feet to a Point;
THENCE S 11" 04' 17" W, 72.36 feet to a Point;
THENCE S 04" 11' 21" W, 101.24 feet to a Point;
THENCE S 01~ 15' 38" E, 295.00 feet to a Point lying in the south
boundary line of the aforesaid ABQ DEVELOPMENT CORPORATION
tract and the north boundary of the aforesaid Coppell High
School Addition;
THENCE N 87° 17' 03" W, 30.00 feet along the south boundary line
of the aforesaid ABQ DEVELOPMENT CORPORATION tract with the
north boundary of the aforesaid Coppell High School Addition
to the POINT OF BEGINNING, containing 0.3594 acres (15,656
square feet) of land, more or less.
TRACT 1
ABQ DEVELOPMENT CORPORATION
x55.00' ~
VOL 881.03, PG. 2326
D. R. D. C. T.
CBIT0nW00D
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, _ - gE:k/~
o V0t,. 751~2 . PG.
0. '5'5 9~
0 50 I00 150
I,, I I I
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rl $7~ 17' 03" ~J- 50.0o'
POIrlT OF B£GlrlrllnG
EXHIBIT
CHAnnEL ERSEPlE~T '8
£ARTH~n cHAnneL,
7AnuARv 13, 19~9
OWnE~
ABQ DEVELOPrqEFIT ¢OI~POKA'rIOI1
VOL.88105, P6, 2~G
I
I ~LL INDEPENDENT
Prepared By:
I SCHOOL DISTRICT dp Jerry Parch~ Consulting Engineers
5.A ~, rn.G.g.R. 5UKV£Y
ABSIRACT n. I,t50, DALLAS ¢OUnlY,TEXA%
CITY OF COPPELb,-TEXA S
32'0 ~'~'~tway Pk,~e · ~flte 501 · Arlington, Texas 7~18 * ~o [81 7)~7-241B · {8171 465~25~
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
That ABQ Development Corporation, a corporation duly
organized and existing under the laws of the State of New Mexico
("Grantor"), does hereby dedicate to the City of Coppell, Dallas
County, Texas ("Grantee"), for the use and benefit of the public
and subject to the conditions and limitations contained herein,
but without warranty of title, either express or implied, a
nonexclusive easement for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, or removing a storm
drainage system consisting of open earthen channels, concrete
lined channels or enclosed underground drainage facilities
(hereinafter called "Drainage System"), in, upon and across that
certain strip of land more particularly described by metes and
bounds on Exhibit "A" and shown on the sketch on Exhibit "B"
attached hereto and made a part hereof for all purposes
(hereinafter sometimes called the "Easement Strip"). Nothing
contained herein shall grant, or be construed to grant, Grantee
the right to use the Easement Strip for any purpose other than
for the purposes set forth herein.
TO HAVE AND TO HOLD the above described easement,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and
assigns forever.
This easement is granted, and accepted, subject to all
encumbrances, liens, covenants, conditions and other matters (i)
of record in Dallas County, Texas, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent
same exist and affect the easement herein granted.
Grantee agrees at all times to maintain in good con-
dition and repair such Drainage System at no expense to Grantor.
Further, Grantee agrees to pay Grantor promptly for all damages,
if any, necessarily caused to Grantor's other lands from time to
time by reason of the construction, operation, maintenance,
repair, alteration, reconstruction, replacement and/or servicing
of the Drainage System.
Should it become necessary at any time for Grantee or
its agents to enter upon the Easement Strip for the purposes of
maintaining, repairing, altering, relocating, and/or removing the
Drainage System as permitted hereunder, Grantee shall, after each
entry upon said land, leave said land at the same level and con-
dition that it was in prior to such entry to the full extent
reasonably practicable; and in the event that any such entry
should cause or produce damage to fences, gates, streets, road-
ways, driveways, paving, landscaping or other improvements that
may be situated on said land, or cause or produce damages to the
surface of said land or any other lands of Grantor, Grantee shall
promptly pay to Grantor any and all damages that may be caused by
reason of any such subsequent entry.
Grantor expressly reserves unto itself and its suc-
cessors and assigns, the right to use and enjoy the land covered
by the Easement Strip for any purposes whatsoever, except insofar
as said use and enjoyment unreasonably interfere with the rights
hereby granted to Grantee. Grantor specifically reserves,
without limitation, the right (i) to grant or dedicate additional
easements or rights-of-way upon or across the Easement Strip to
such other persons or entities and for such purposes as Grantor
may desire (ii) to provide public or private drainage facilities
upon and across the Easement Strip, or to tie into or connect
].I.00 DE5
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page
Grantor's drainage facilities to the Drainage System, provided
that, in all such cases, Grantee shall not be unreasonably
disturbed nor shall there be any unreasonable interference in
Grantee's use and enjoyment of the rights hereby granted to
Grantee.
Al/ persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
Grantee, by the acceptance and recording of this easement, hereby
agrees to indemnify, defend and hold Grantor, its successors and
assigns, harmless from and against any and all liability, claims,
damages, costs and expenses (including reasonable attorney's
fees) arising from any and al/ construction, reconstruction,
maintenance, operation, alteration, relocation, removal and other
work performed by Grantee, its agents and employees or its
contractors or subcontractors pursuant to its rights hereunder,
unless caused solely by the negligence of Grantor.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor. This
easement shall terminate, without suit or reentry, when the use
of said Drainage System thereon constructed ceases or when
Grantee abandons said Drainage System.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, subcontractors,
agents and employees.
IN WITNESS WHEREOF, this instrument is executed this the
day of .~a~c~ , 1989.
ABQ DEVELOPMENT CORPORATION
Stan Strfckman~
Senior Vice President
STATE OF ~ .~,x, ('o §
COUNTY OF ~¢9~\,/I,% §
This instrument was acknowledged before me on this (~*~ day
of ~tc~ , 1989, by Stan Strickman, Senior Vice
President of ABQ Development, a New Mexico corporation, on behalf
of said corporation.
OFPICIAL SEAL
EDNA PACHECO
NOTARY PUBLIC - STATE OF NEW MEXICO
Notary Bond Filed with Secretary of State
My Commission Expires 3///?/ ,._
/
My commission expires:
Notary Public in and for the
State of ~x~-~ ~. (cp
Printed name of Notary:
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page 2
q 9'I! 2 2 7 9
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed by_~t~is ~edication of Storm Drainage Channel Easement
dated --%//~ ~ , 1989, from ABQ Development Corporation
to the City'~ Coppell, County of Dallas, State of Texas, has
been duly accepted, subject to all terms and conditi~n~ contained
therein, by resolution of the City Council adopted ~~_/~ ,
198~, and the City Gouncil has consented to record~lon of such
DediCation of Storm Drainage Ghannel Easement by its duly
authorized officer.
~ I ~ , ~989 .
DATED
Mayor, City of~/~oppell
Dallas Count~ Texas
ATTEST:
Dallas Cour/ty, Texas
STATE OF TEXAS §
o.
Th~s~instrument was acknowledged before me on this /5 day
Mayor 6-~lthe City of Coppell, Dallas County, Texas.
~6%ar¥ Public' in and for the
State of Texas
My commission expires:
Printed name of Notary:
After Filing Please Return To:
ABQ Development Corporation
c/o James W. Schell
Law, Snakard & Gambill
3200 Texas American Bank Bldg.
Fort Worth, Texas 76102
JWS/bw#95
Channel
DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page S
9112 2 8 0
LEGAL DESCRIPTION
CHANNEL EASEMENT
BEING a tract of land located in the S.A. & M.G.R.R. SURVEY,
Abstract No. A-1430, City of Coppe11, Dallas County, Texas and
being a portion of the 109.7022 acre tract of land described as
Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION by the deed
recorded in Volume 88103, Page 2326 of the Deed Records of Dallas
County, Texas, and being more particularly described by metes and
bounds as follows;
BEGINNING at an iron rod at the north end of the most southerly
west boundary line of said ABQ DEVELOPMENT CORPORATION
tract, said point also being the northeast corner of future
Lot 1, Block A of Coppell High School Addition, unrecorded;
THENCE S 88° 37' 59" W, 39.21 feet along the south boundary of
the aforesaid ABQ DEVELOPMENT CORPORATION tract with the
north boundary of the aforesaid Lot 1, Block A, Coppell High
School Addition;
THENCE N 02° 35' 57" W, 238.50 feet to a Point;
THENCE N 80° 03' 55" E, 37.74 feet to a Point;
THENCE S 01° 11' 37" E, 216.05 feet to a Point;
THENCE S 16° 40' 27" E, 29.05 feet to the POINT OF BEGINNING
containing 0.1931 acres (8411 square feet) of land, more or
less.
EXHIBIT
--
'/~ -- -! I ~t~. 30' SAn. StW[a
--. ~i/ cHanneL
~/ ~1' own~
l~ "lI ABQ DEVELoPmEnT COBPO~ATIOn
I~ J ~ ~/ CIT~ OF COPPELb, ~E
.Iq~l AC.
.
/~l' {~ ~ ~ ~ ~.. ,Io ~o~
', ~J ~ / ~~Q DE~L~m C~~
' ~J ~ ~ ~
~ J J -J ~J ~ g.R.g.C.T.
J ~ ~ ~Poln% OF
'" ~ 11 T- =i coP~'~EE~ "'~ _
.,z"l .ii' ~,,. t,,~.~ EXHIBIT
Pr~ared By'
~J~ Jer~ Par~h~ Consulting Engin. rs I
1969 - x~'s.c. ~X~"~.~..~~,,~o,. ~.,..~.,,.,,~,.. ~.,o,.,,,.~,.,.,..,.,,,.~ I