ST9801-ES 990403C
RIGHT OF ENTRY, POSSESSION AND USE
AGREEMENT
THAT I / WE,
hereinafter the "Grantors", is/are the owner(s) of a certain tract of land in Dallas County,
Texas, more fully described in Exhibits "A", "B", "C" and "D" attached hereto, which by
this reference becomes a part hereof as if set forth in full.
The City of Coppell, Texas, acting by and through the Engineering Department of
the City of Coppell, hereinafter the "City", may acquire entry, possession and use, in
accordance with State law, to said tract(s) of land, except as to the oil, gas and sulphur
which can be removed from beneath the above-described tract(s) of land, for the purpose
of constructing a road and the appurtenances thereto.
The "City" will acquire these interests in the hereinafter described tract(s) of land,
together with title to all fixed improvements thereon, by purchase; or upon the failure to
purchase, by means of condemnation proceedings. That nothing contained herein shall be
construed to permit the "Grantor" to include the value in any legal or condemnation
proceeding or any negotiated purchases which may result from enhanced improvements
constructed by the City on the attached Exhibits "A", "B", "C", and "D".
The "City" must have the right of entry on and use of said described tract(s) of
land, encumbered with the improvements thereon by April 5, 1999 or as soon thereafter
as may be possible, for the purpose of beginning construction of said road and relocation
of utilities, if any, as it would be impractical if not impossible for the City of Coppell to
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either purchase said interests or to institute condemnation proceedings by that date, NOW
THEREFORE:
KNOW ALL BY THESE PRESENTS that, William F. Callejo, Trustee, hereinafter
called "Grantor", hereby acknowledged, and confessed, whether one or several, has
granted and by these presents does Grant unto the City of Coppell, hereinafter called
"City", the right of entry upon, and the right to remove any fixed improvements located
thereon, and the exclusive possession and use of the tract(s) of land, described in Exhibits
"A", "B", "C", and "D".
THIS GRANT of right of entry, possession and use in conditioned upon the following:
1. That the "City", their Agent, Employees, Contractors and the Utility
Companies acting by and through the Engineering Department, shall have the right of
entry upon, possession and use of the land(s) described in Exhibits "A", "B", "C", and
"D", and the right to remove any fixed improvements located thereon, fxom and after
April 5, 1999, unless terminated as hereinafter provided.
2. That the grant herein made shall not prejudice in any way "Grantor's"
right to receive full and just compensation according to law for the interests to be
acquired by the "City" in the above-described land(s) as encumbered with improvements
thereon, save and except all oil, gas and sulphur as above provided; and, further provided
that such "Grantor" may not claim as enhanced value improvements that be constructed
hereon as a result of this Agreement. The date of taking for valuation purposes is hereby
agreed to be ~pril 5, 1999 for the purposes of any legal condemnation proceedings before
any Commissioners Heating or Jury Trial.
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3. That this grant, and right of entry, possession and use obtained by the
"City" hereunder, shall ipso facto terminate and be void and of no further force and
effect on the first day of the seventh month following the month of execution of this
Agreement, unless the "City" has, prior to said date, entered into a contract of sale with
"Grantor" for the purchase of said rights to said land, or in the alternative has filed
condemnation proceedings for the acquisition of said rights in the County Court of Dallas
County, Texas, which has jurisdiction thereof under the provision of the Texas Statutes.
The time limitations as stated herein may be extended by mutual agreement in writing.
4. That it is expressly provided that in the event the "City" will not be liable
to "Grantor" for interest except as provided by law on any award or judgment in such
proceedings for any period prior to the time that the amount of the award is deposited into
the registry of the Court.
5. "Grantor" warrants that he has the authorization and power to execute the
foregoing Agreement for the purposes set forth herein.
TO HAVE TO HOLD the possession and use of the above described tract of
land for the purpose and subject to the limitations above described.
EXECUTED this day of
WILLIAM F. CALLEJO, TRUSTEE
,1999.
CITY OF COPPELL
P.O. Box 478
Coppell, Texas 75019
By: By:
Its: Its: Mayor
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ACKNOWLEDGMENT
STATE OF TEXAS }
COUNTY OF DALLAS }
BEFORE ME, the undersigned, a notary public in and for said County and State,
on this day personally appeared known to me to be
the person(s) whose name(s) is/are subscribed to the foregoing insmLment and
acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ day of
,1999.
My commission expires:
Notary Public in and for the State of Texas
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