Townhouses-ES010112 EASEMENT AND RIGHT OF WAY,.~"~
THE STATE OF TEXAS § X,~,~,~
§ KNOW ALL MEN BY THESE PRESENTS
COVNT¥ VISTAS §
That TXU ELECTRIC COMPANY, a Texas corporation, hereinafter referred to as Grantor,
for and in consideration ofTEN AND NO/100 DOLLARS ($10.00), and other good and valuable
consideration to it in hand paid by the CITY OF COPPELL, a municipal corporation hereinafter
referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell
and convey unto said Grantee a nonexelusive easement and right of way for the purpose of
constructing, maintaining and operating a drainage easement, hereinafter referred to as Grantee's
Facility, in, over, under, across and along the following described property:
See EXHIBIT "A" and "B" attached hereto.
There is also granted to Grantee, its successors or assigns, a nonexclusive easement to use
only so much of Grantor's adjoining land, during temporary periods, as may be necessary for the
construction, maintenance, and repair of said Grantee's Facility. Such use shall not interfere with
Grantor's use of such property in the operation of its business and Grantee shall properly maintain
such property during construction and at the conclusion of such construction remove all construction
debris and other materials fi:om such property and restore such property to the same condition it was
in prior to the commencement of Grantee's construction thereon or in proximity thereto. Use of
draglines or other boom-type equipment in connection with any work to be performed on Grantor's
property by the Grantee, its employees, agents, representatives or contractors must comply with
Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other
clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any
equipment be within fifteen feet of Grantor's power lines situated on the aforesaid property. Grantee
must notify TXU's Supervisor Dallas Region Transmission Operations at 972-721-6321 at least 48
hours prior to the use of any boom-type equipment on Grantor's property except in an emergency.
Grantor reserves the right to refuse Grantee permission to use boom-type equipment.
Grantee shall locate its Facility within the easement so as not to interfere with any of Grantor's
facilities. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor
for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole
discretion, determines are subject to interference fi:om the said Grantee's Facility or from the exercise
by Grantee of any of its rights hereunder.
This easement is granted upon the conditions that Grantee's Facility to be constructed shall
be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible
for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's
Facility.
Grantor shall not be liable to Grantee for any damage to said easement or Grantee's Facility
or other contents thereof, except when caused by the willful misconduct of Grantor, its agents,
servants or employees. Grantor and Grantee each agree that if any claim or liability shall arise fi.om
the joint or concurring negligence of both parties hereto, it shall be borne by them in proportion to
their negligence. It is understood that it is not the intention of the parties hereto to create liability
for the benefit of third parties but that this agreement shall be solely for the benefit of the partie, s
hereto.
Grantee shall, at its own cost and expense comply with all applicable laws, including but not
limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated
by any governmental authority and shall promptly execute and fulfill all orders and requirements
imposed by such governmental authorities for the correction, prevention and abatement of nuisances
in or upon or connected with said premises because of Grantee's use thereof.
This easement, subject to all liens of record, shall continue only so long as Grantee shall use
this right of way for the purpose herein described and the same shall immediately lapse and
terminate upon cessation of such use. Upon termination of this easement or right of way for any
reason, Grantee shall remove its Facility and restore the property hereinabove described to the same
condition that such property was in at the beginning of the term of this agreement, ordinary wear and
tear for the purpose herein authorized excepted.
TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its
successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the
same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon
this conveyance shall be null and void and the use of said land and premises shall absolutely revert
to Grantor herein, its successors and assigns, and no act or omission on the part of them shall be
construed as a waiver of the enforcement of such condition.
AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND
FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof, by, through or under Grantor but not otherwise.
EXECUTED as ofthis
"'day of January, 2001.
GRANTOR:
TXU ELECTRIC COMPANY
BY:~-~//~' W~. yleRay
Attorney-In-Fact
GRANTEE:
CITY OF COPPELL
By:
Title
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared W. Kyle Ray,
Attorney-In-Fact for TXU Electric Company, a Texas corporation, known to me to be the person
whose name is subscribed to the foregoing instnnnent and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, in the capacity therein stated, and that
he was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1o~''~ day of January, 2001.
Notary0Public in and for the State of Texas
STATE
OF
TEXAS
.~ ·
§
COUNTY OF DALLAS §
BEFORE ME, the und_ers, igned authority, on this day personally appeared ~ l ~
to be ~e p~eml~on whose nkrne is(~su~b~&bed~'toa~e~o~o'V'mg instru~eentC~ °afck~n°oPwP~el~geknd°tTmte°t~a~
they executed the same for the purposes and consideration therein expressed, in the capacity therein
stated, and that they were authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ 7t-~ day of. Ja.nua.-y, 2001.
Notary PulJlic in and for th~ State of Texas
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EXHIBIT 'A ' I~{~ ~I~ ~:~,-~.2~ ~;,~ ~
30' DRAINA GE EASEMENT ~ .,,.~.~ '~""~"'-.~'- '~"-'- "~' - .~'
PAR T OF ~E S.A. ~ M.G. R.R. SURLY ~
BA~S ~ ~NG:
~ ~u~ s~ u~ ABS~ACT NO. 1442
~ ~E RN~ P~T ~ ~//NG~
~ ~ ~/~ ~ ~ o~ C/~ OF COPPE~ ~[. ~~o~
~ ~ ~~/~ ~ DA~AS COUN~ ~XAS s~m. ~oo'
__~~ ~' ~AN D. ~IER CONSULTING ENGINEEr, INC.
IV
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91~3~05 ~.--~, T~ 7~1 / ~. (2~4)
0.1291 ACRE DRAINAGE EASEMENT
Being a strip of land 30.00 feet wide, 15.00 feet on either side of the following described
centerline, situated in the S.A~ & M.G.R.R. Survey, Abstract No. 1442, City of Coppell, Dallas
County, Texas, and being part of a 130 foot wide TXU fight-of-way recorded in Volume 4594,
Page 302, Deed Records, Dallas County, Texas (D.R.D.C.T.), and being more particularly
described as follows;
COMMENCING at a 5/8 inch iron rod found at the southeast comer of a tract of land conveyed
to Sandy/Mac Partners, Ltd. and recorded in Volume 93071, Page 165, (D.R.D.C.T.); THENCE
S 00o07'27" W along the west line of a tract of land conveyed to St. Jude, Inc., recorded in
Volume 98194, Page 4718, (D.R.D.C.T.) a distance of 1250.02 feet to a point; THENCE
S 86o39'55" E a distance of 200.71 feet to a point in the common northwesterly line of said 130
foot wide TXU right-of-way and the southeasterly line of said St. Jude, Inc. tract and the
southeasterly line of a 100 foot wide TXU Easement, recorded in Volume 3887, Page 110
(D.R.D.C.T.), being the POINT OF BEGINNING of the herein described centerline;
THENCE S 05o32'00" E leaving said common line a distance of 105.53 feet to a point for
comer at the beginning ora tangent curve to the left having a central angle of 55°14'19'', a radius of
85.00 feet, a tangent length of 44.47 feet and a chord bearing ors 33°09'10'' E- 78.81 feet;
THENCE along said curve to the left, an arc distance of 81.95 feet to a point for comer in the
common southeasterly line of said 130 foot wide TXU right-of-way and the northwesterly line of
a tract of land conveyed to Golf Enterprises, Inc., recorded in Volume 87174, Page 3449,
(D.R.D.C.T.) and being the end of the centerline for the herein described 30.00 foot wide strip of
land;
f. ,f
The monumented south line of the Final Plat of /~~ ~///? /~~r~'~, ~\
Wellington Place, an Addition to the City of I /~"/~.~<, / tdL__~. (¢ ~~..~_70~ I:)}
Coppell, Texas recorded in x,._j~,~ ',- ~.;, ~?.~.g .~.~,,.~//
Volume 86155, Page 5582, D.R.D.C.T. / _ .~.~~/
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