Valley R Baptist-ES 850225I
GF #85-52166-SFCO-LBJ/ph FF: $11.00
ENCLOSED STOI:~ S~ER F~SI~ENT
AND UNDERC, ROUND PI]BLIC ~]TXLITY ]~M~F~ENT
TI~I~ STATE OF TF~AS x
X
COUNTY OF DALLA~ X
KNOW ALL MEN BY THESE
f
THATw the undersigned, TRILAND/NORTHSTED JOINT VENTURE, a
Texas joint venture, acting herein by and through its duly
authorized aqent and manager, TRILAND DEVELOPNENTw INC.,
hereinafter referred to as Grantors, whether one or more, for and
in consideration of the sum of ONE DOLLAR ($1.00) to Grantors in
hand paid by the city of Coppell, Texas, the receipt of which is
hereby acknowledged and the further consideration that the benefits
to be derived by Grantors from the placing of storm sewers and
underground public utilities, including and limited to water mains,
sanitary sewer mains, gas mains, underground electric lines,
underground telephone and telegraph lines and underground cable for
security services and television, through the premises hsreinaffter
described, have this day granted and conveyed and by these presents
do hereby grant and convey unto the City of Coppell, Texas, a
Municipal Corporation, situated in Dallas County, Texas, an
easement to construct, reconstruct and perpetually maintain
enclosed storm sewers and underground public utilities, including
and limited to water mains, sanitary sewer mains, gas mains,
underground electric lines, underground telephone and telegraph
lises, and underground cable for security services and television
and surface facilities as required, but in no case the use of
overhead aerial facilities, or authorize such construction by any
public utility company, in, upon and across the following described
land, to-wit:
All that certain tract, piece or
parcel of land lying and being
situated in the County of Dallas,
State of Texas, described in Exhibit
"A" attached hereto and made a part
hereof for all purposes, to which
reference is hereby made for a more
particular description of said
property (the "Easement Area");
TO HAVE AND TO HOLD, the same to the City of Coppell, its
successors and assigns, together with the right and privilege at
any and all times to enter said premises or any part thereof, for
the purpose of constructing and maintaining said storm drainage
facilities and underground public utilities, and for making
connections therewith, provided, however, the foregoing grant, sale
and conveyance of the Easement Area is expressly subject to the
following conditions:
1. In the event that the Grantee, its successors and/or
assigns discontinue the use of the Easement Area for the purposes
described hereinabove, this Easement shall terminate and be of no
further force and effect;
2. If, in exercising Grantee's rights in such Easements Area
or areas appurtenant thereto, Grantee causes any change in or
injury to the Easement Area, the property appurtenant thereto or
any improvements on said Easement Area or the property appurtenant
thereto, Grantee, within a reasonable time after the exercise of
such rights, shall reasonably restore the Easement Area, the
property appurtenant thereto and/or such improvements to a similar
condition existing prior to the change or injury; and
85039 3826
-- 2
3. This grant is made subject to the rights of the public and
Grantor to use the surface of the Easement Area for pedestrian and
vehicular ingress, egress and access to and from property
appurtenant to such Easement Area and such other uses as do not
unreasonably interfere with the permitted use of the Easement Area
by Grantee.
EXECUTED this day of . , 1985.
TRILAND/NORTBSTED JOINT VENTURE, a
Texas joint venture, acting herein by
and through its duly authorized agent
and manager, Triland Development, Inc.,
a Texas Corporation
',/-~_~ard P. Rea~ President ~
STATE OF TEXAS X
X
COU~TE OF D~T.~.%S X
BEFORE ME, the undersigned authority, a Notary Public in and
for the said State on this day personally appeared Edward P. Rea,
President of TRILAND DEVELOPMENT, INC, the duly authorized agent
and manager of TRILAND/NORTESTED JOINT VENTURE, a Texas joint
venture, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that
the same was the act of said TRILAND DEVELOPNENT, INC., in its
capacity as agent and manager for TRILAND/NORTBSTED JOINT VENTURE,
and that he executed the same for the purposes and consideration
therein expressed, in the capacity therein stated and as the act
and deed of said TRILAND DEVELOPMENT, INC, on behalf of
TRILAND/NORT~STED JOINT VBNTORE.
- Nota~-'y~P~olic,fState o~ Texas
My Commission Expires:
85039
3827
3
hI~NHOLDEN"S CONSENT AND SUBORDINATION
The u;~d ~signed holder of liens againat the Easement Area set
f r.h here'~ ~bove hereby consents to the grant of this Easement
and agrees ~ ~t th.. liens evidenced by that certain Deed of Trust
(with Security A]reement and Aosign~ent of Rents and Leases) dated
September 2.. 1984 executed by TRILAND/NORTHSTED JOINT VEN'~U~E to
Barry D. Drees, Trustee, recorded in Volume 84178, Page 01~9, Deed
of Trust Records, Dallas County, Texas, securing payment of one
certain Pro~issory Note of even date th~rewith in the ori~inal
principal amc,at of $8,500,000.00, payaule to the order of the
undersigned company and held by such holder are hereby
s~.bo£diaated, in all respects~ to the provisions of such Easemenu
Agreement.
By: . --
THE .STATE OF TEXAS X
· COUNTY'. OF DALLAS X
· " BEFORE ME, the undersigned authority, a Notary Public in and
for the Sta~e of T~xas, on this day personally appeared
~-. ~ .~d~_-~ __of ROYAL BANK OF CANADA,
known to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein
e~pressed.
GIVEN~]]NDER MY HAND AND SEAL OF OFFICE this
day of ~-~-~~ , 1985.
Notary Fublic, State of Texas
(Printed or Typed Name of Notary)
My Commission Expires:
8509g 3.8; 8
4
Exhibit "A"
Page 1 of 1
5' PUBLIC UTILITY EASEMENT
IN THE CITY OF COPPELL, TEXAS
TRACT Bi
BEING a tract of land situated in the Singleton Thompson Survey, Abstract No. 1493,
and being in the City of Coppell, Dallas County, Texas, and being part of e tract of
land conveyed to Triland/Northsted Joint Venture as recorded in Volume 82118, Pase
0213 of the Deed Records of Dallas County, Texas and being more particularly
described as follows:
COMMENCING at an iron rod found at s point on the west abstract llue of said
Singleton Thompson Survey said line being common with the east abstract line of the
J. C. Cook Survey, Abstract no. 315, said point also being on the south right-of-way
line of Belt Line Road, said point also being the northwest property corner of said
Triland/Northsted Joint Venture;
THENCE South 85042'35'' East, along said south right-of-way line, a distance of
526.61 feet to a point for a corner;
THENCE South 0°10'00" West, a distance of 15.04 feet to the POINT OF BEGINNING, said
point being at the southwest corner of an existing 15 foot wide public utility
easement as recorded in Volume 84217, Page 4004 of said Deed Records;
THENCE South 85°42'35'' East, alon& the south easement of said existing 15 foot vide
public utility easement, a distance of 5252.06 feet to a point for a corner, said
point being on the west property line of a tract of land conveyed to Explorer
Pipeline, as recorded in Volume 71139, Page 1160 of said Deed Records;
THENCE South 5°01'56" East, along said west property llue, a distance of 5.07 feet
to a point for a corner, said point being on the south line of said proposed public
utility easement;
THENCE North 85042'35" West, along said south easement liue, a distance of 5252.52
feet to a point for a corner;
THENCE North 0°10'00'' East, a distance of 5.01 feet to the POINT OF BEGINNING AND
CONTAINING 26,26I square feet or 0.6029 acres of land more or less.
85039 3829
383'0
85039
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:0~ ~3~
3-831