Summit P1-CS 960913DALLAS COUNTY
PUBLIC'WORKS .
09-17-96 A?0:24, I,~',...
September 13, 1996
Mr. Michael C. Wagner
Manager - Real Estate
Baptist Foundation of Texas
1601 Elm Street, Suite 1700
Dallas, Texas 75201-7241
RE:
Grapevine Springs Park Preserve
Drainage Easements to Baptist Foundation
Dear Mr. Wagner:
This Department has reviewed the Drainage Easement Documents you submitted on the
referenced property. Upon review by the Dallas County Public Works staff, 'the drainage
easement has been modified to incorporate special conditions and requirements-associated with
this type of conveyance within a County Open Space Park.
This matter requires Commissioners Court approval and can be presented to the Court as soon
as we receive concurrence f~om the designated Grantee.
Please contact me at 653-7153 if you have any questions on any of the above or if there is a
need to discuss this matter further.
Sincerely,
Allen Bud Beene, P.E.
Director of Public Works
AAB:ba
B:!~BBOS.Itr
xe:
I. Allen Clemson, Commissioners Court Administrator
Rick Loessberg, Planning/Development, Commissioners Court
Ken Griffin, P.E., Assistant City Manager
City of Coppell, 255 Parkway, P.O. Box 478, Coppell, Texas 75019
A~chmen~
411 Elm Street Dallas, Texas 75202 653-7151
DRAINAGE EASEMENT
(INCLUDING ADDmONAL TEMPORARY CONSTRUCTION EASEMENT)
THE STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL BY TFIF~SE PRESENTS:
That, the term of Grantor used herein shall be construed in the singular or plural number as such term
respectively represents one or more than one person.
THAT, the County of Dallas, known herein as Grantor, in consideration of the sum of One and no/100
Dollars ($1.00) and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of
which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas,
("Grantee"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the
following described property owned by Grantor (the "easement") for the purpose of constructing drainage
improvements across GRANTOR'S main tract with the fight and privilege at all times, of the Grantee herein, its
agents, emPloyees, workmen and representatives having ingress, egress, and regress in, along, upon and across
said premises (the "easement") for the purpose of making additions to, improvements on and repairs to said
drainage improvements or any part thereof.
Said easement being described in Exhibit "A" attached hereto and made a part hereof for all purposes.
In the event that an alternate easement is dedicated by a plat, and alternate infrastructure facilities are
provided which are acceptable to the City of Coppell, the City agrees, that by accepting this easement and upon
approval by the City Council, to abandon all right, title, and interest of the City of Coppell, Texas, in and to the
easement provided herein, or any portion thereof, and to quitclaim such right, title and interest to the abutting
prol~.xty owner(s) in accordance with its (their) respective interest(s).
Fur~her~ Grin(or h.~ ~ra_oted. sold and conveyed and bv t_h~e orese_,~_s does errant, sell and convey Unto
G~n~ its successors and assigns, an additional twent_v foot (20') t_~nnorarv construction easement adjacent to
and continuous to the oermanent easement_, more oartiodarly sh0wn in the M_ap Exhibit "A"~' attached hereto and
made a part hereof~ for the pur0ose of oermittln~ Grantee, its contractors, subcontractors, a~ents and emolovees
0~e temp0r0ry use for vehicles, construOi_on enuioment, construO~on crews and storage of construction materials
in the constr~-~O~0n of the drnlna_oe imnrovementx w~,thin the above described oermanent easement, which said
tem.norarY consto_,~i_0n g~Sement sh~..ll ~xnire and terminate within two years from date of this easement or uoon
compl~i_on and n-ce_eotn_,_ce bv Gr~nt~ of said drainage imorovem,mt~ whichever occurs first. '
Grantor acknowled__oes that the considera__t~on oaid bv the Grantee is fUll and final payment for all rinhts
conveyed herein.
**SPECIAL CONDITIONS**
Grn~nt_ee shall notify the P~rk and Ooen Soace Admini~ration Deoartment of Dall~ COunty at (214) 653-
6653 and the Di _rec~__or of'Public Works at (214) 653-71~1~ seventy-two hours prior to commencement of
consto_w~lon of and prior to any f~_ssre lnnint~nnnce, work on the dralna~e improvements.
Grantee shall be resoonsible for the vrover desinn and inMa-118tion of ~he' clr~nane imvrovements to
emure t~h~t the discharge Of the dFainnoe svstemx and the fu~n~ion of the outfall structures shah at all
tlm_~ prevent erosion and destr,~ion of G~ntOr nrooertv. G~-_nt~ shall maintain and repair and
restore the drainaRe improvement~ to ensure proper fs_~n_cti0olin' throughout term of this easement. '
(~rantee .~hnll cut back to the ncarest nmln llmh or trunk, whichever is n00ro0riate, all tree limbs that
We. dnmp~ed, broken or frayed ns a result of Gran_!e,~ const~_,~ion. Such limbs WIll be removed with
a c!~n cut. le_a_vimz no stub. All cut surf~__e~__ will be vain!.~- with a black or brgwn tree nruninn oaint
by the Gr~m-~-~ immedlntelv after the limbs are cut.
Granf-~ agrees to ensure _n~blic safetY durinn all con~.ruction phases, includinn, but not limited to.
_DO_~intr_ of f~ne~, barriers, watnln~_ $1onal~ and ~barrtcad~ in or around areas containinn ~otential
ba?grds cren__t_~_ bv co_n~ruction n__~i_vitv, so f_hat the uublic is sufficiently warned about w~rk in uronress
at all times.
Grant~,~ $1mll C!~on~. un and _remnve all tra_sh and_ debris, reoMr or reolace ali fences and reoair other
tlama_~e$ Caused bY said construction.
With resvect to Grantor's land affected bv Gran_!~'s con _,a__~_ j~ion ooel-ations nnd Grantee's future
pminte~. ~nce n.~i_vities. Corantee shall restore the surface made of the lnnd go the oritinal elevations anti
drainnee confi~surations ~hnt existed vrior to said operations and activities, Grantee's restocatio~ shah
be comoleted in a timely manner,
{~rantee shall r~.~d with wiidfl0wer seeds all area_ · upon which the surface is disturbed bv the
construction ~nd in~fa_llaf_ion of the drainnoe imnrov__pmantg. Grantee will reseed said areas one time
foll0win_~ the c0mnletion of co~n~.~_,O'_,on on Grantor's nronertv. Resee0_in~ will be of a Texas mixecl
variety at a rate of at 1~ one ouarter hound der ~¢h drnlna~e easemellt area, Grantee shall utilize
Rood (pmlity Texas t~%"d; however~ Gran_~ is not responsible for the success of establishinent of the
wildflowers. Grantor hereby assumes full resoon~ibilit¥ for futm'e mMntenance of the wildflowers.
If it become~ _n__~__~__~U'V to move the dralrm. ~e imnrovem~L~ doe to a future D~llas County need. the
Gl'an_tee anrees to relocate the dralna~e Imntovement~ at Gr.antee-'s entire expense, to a new easement
10~gi0n to be provided bv the Grantor.
The above riRhtg slmll c0p~-i-O-a-e covo_nnntx r. nnln~ with the land and ~hall be bindinn unon and inure
to the benefit of Grantor and Grantee, respectively, and t_helr respective heirs, executors, administrators.
successors and assians.
TO have and to hold the above-described ensemen!; and rights anourtenant thereto, unto Grantee. its
and nssl_t, ns..nfil all of said lines are oerman,.-~lv abandoned, in which event, said ~msement. and
aopHrtenant thereto, shall co_n~e and termlnnte pnd revert (o G~n~tor and Grantor'~ heirs, executors.
admlni~trators, successors and nssinm.
(~rantor hereby binds Gr~__ntor and Grant0r's heirs, execu!ors, ~d~mlni~tr~tor~ Successors and asslnns to
warrant and forever defend said easement and rt_oht~ aoourtenant thereto nnt0 Grantee~ its successors anti
nssiens, aaainst every oerson whomsoever lawfully claimln_~ or to claim the same or any part thereof.
It is expressly understood f_hat all ri_~hts, conveva_nc~ or Covenant-~ ar0 herein written and no verbal
at, reements of any kind shall be bindlno or recotmi?ed_ or in any way modify thi.~ instrument of conveyance.
EXECUTED this __ day of ,1996.
COUNTY OF DALLAS
By:
Lee F. Jackson, County Judge
THE STATE OF TEXAS §
COUNTY OF DALLAS §
1996.
This instrument was acknowledged before me on the
,1996, by ·
GIVEN UNDER MY HAND .AND SEAL OF OFFICE, This
day of
dayof
Notary Public in and for the State of Texas
My Commi~ion Expires:
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the
,1996, by ·
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ' day of
day of
,A.D., 1996.
Notary Public in and for the State of Texas
My Commission Expires:
a:\opsp\coppell.dESMT