Trinity Shores-ES020318 DRAINAGE EASEMENT
THE STATE OFTEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DALLAS § ~_ 753070
03/1~/0~ 3[38108 $15.00
That the City of Dallas (hereinafter called "Grantor" whether one or mor~atural persons or legal entities) of
the County of Dallas, State of Texas, for and in consideration of the sum of TEN AND NO/lO0 ($10.00)
DOLLARS to the undersigned in hand paid by the City of Coppell, 255 Parkway Boulevard, Coppell, Texas,
75019, a Texas municipal corporation (hereinafter called "Grantee"), the receipt of which is hereby
acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto
Grantee, its successors and assigns, an easement for the purpose of constructing, maintaining and using
storm water drainage facilities in, under, over through, across and along all that certain lot, tract or parcel of
land described in Exhibit A, attached hereto and made a part hereof by reference for all purposes (the
"Property").
Grantee is acquiring this easement for the purpose of constructing, maintaining and using storm water
drainage improvements including right to make the improvements on such grade and according to such plans
and specifications as will, in its opinion, best serve the public purpose.
Grantee agrees to make efforts to minimize the introduction of trash, litter, garbage and debris into the Elm
Fork Trinity River from areas outside its jurisdiction. These efforts include identifying sources of trash,
garbage, litter and debris, and establishment of a strategy to request other jurisdictions to institute control
measures. Grantee will institute methods in its jurisdiction for controlling the entry of litter, debris, garbage and
trash into the Elm Fork Trinity River from storm water conveyances or from persons or entities littering or
dumping trash, garbage or debris within its jurisdiction.
Should one or more of the Grantor(s) herein be natural persons and not joined by their respective spouse, it is
conclusively presumed that the land herein conveyed is not the residence or business homestead of such
Grantor(s). Should one or more of the Grantors herein be a legal entity other than a natural person, it shall be
conclusively presumed that the person signing on behalf of such a party has been duly and legally authorized
to so sign and there shall be no necessity for a seal or attestation.
Grantee shall have the right to remove and keep removed from the permanent easement herein granted any
and all structures, fences, trees, shrubs, growths or other obstructions which may endanger or interfere with
the construction, reconstruction, maintenance or proper function of said stormwater drainage facilities.
This easement conveyance and the warranty of title herein provided is subject to (1) all easements, rights-of-
way and prescriptive rights, whether of record or not, pertaining to any portion of the Property; (2) all presently
recorded and valid oil, gas and/or other mineral exceptions, rights of development or leases, royalty
reservations and/or other instruments constituting oil, gas or other mineral interest severances of any kind; (3)
all presently recorded restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and
other items, but only to the extent that same are still effective; (4) all presently recorded instruments (other than
encumbrances and conveyances by, through or under Grantor) that affect the Property; (5) standby fees and
taxes for the current year and subsequent years, the payment of which Grantee assumes; and subsequent
assessments for this and prior years due to change(s) in land usage, ownership, or both, the payment of which
Grantee assumes; and (6) any conditions that would be revealed by a physical inspection and survey of the
Property.
As a material part of the consideration for this easement, Grantor and Grantee agree that Grantee is taking the
interest in the Property "AS IS" with any and all latent and patent defects as to the Property and that there is no
warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee
acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion
with respect to the Property condition but is relying on Grantee's examination of the Property. Grantee takes
the interest in the Property with the express understanding and stipulation that there are no express or implied
warranties except for the limited warranty of title set forth in this easement instrument.
Grantee's rights to use the Property is nonexclusive, and Grantor reserves for Grantor and Grantor's
successors and assigns (i) the right to use all or part of the Property in conjunction with Grantee as long as
such use by Grantor and its successors and assigns does not interfere with the use of the Property by Grantee
for the easement purpose and (ii) the right to convey to others the right to use all or part of the Property in
conjunction with Grantee, as long as such further conveyance is subject to the terms of this easement
instrument.
Upon termination of this easement for any reason, Grantee shall remove at its expense any improvements
installed on the Property by it and return the Property to its condition existing before this easement and any
improvements by Grantee if so directed by Grantor. Grantor may elect to leave the improvements in place, in
which event they shall become Grantor's property.
2oo2 053 00031
TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and
appurtenances thereto in anywise belonging unto City of Coppell, its successors and assigns forever,
and Grantor binds Grantor and Grantor's heirs, executors, administrators or successors, to Warrant and
Forever Defend all and singular the said easement unto City of Coppell, 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, except as to the reservations from and exceptions to conveyance
and warranty.
EXECUTEOthis \"~'~'~ dayof )J~L~ ,
CITY OF DALLAS
TEODORO J. BENAVlDES, City Manager
Assistant City Manager
APPROVED AS TO FORM:
Madelei.ne .B. J~ohns~,n, City Attorney
~ssi-stant city Attorney ~/
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on A ~-~ \'~, '~. O(D 7-- , by Ryan S. Evans,
Assistant City Manager of the City of Dallas, a Texas municipal corporation, on behalf of the City of
Dallas.
Notary Public, State of Text's
0N25556
COPY OF ORIGINAL
FILED IN DALLAS
COUNTY CLERK'S 0FFI6¢
I
METES AND BO[JND DESCRIPTION FOP~
950 SQUARE FEET DRAINAGE EA.q~M-E~NT
IN CITY OF DALLAS, BLOCK NO. 8456, Trinity River
Being a 950 square foot tract of land on_d be. ing a portion of that certain 3.9 acres tract of land
situated in the WESTON PERRY SURVEY, ABSTRACT NO. 1152 in the City of Dailas, Block
8456 as described by Warranty Deed Recorded in Volume 540, Page 21 of Deed Records of Dallas
County, Texas, and being more particularly described as follows;
BEGtNNRqG at a found 5/8 inch Iron Rod for the Southeast comer of Harringt0n Tract, as
described in Volume 83077, Page 2161 D.R.D.C.T.;
THENCE
THENCE
THENCE
THENCE
South 87 30' 44" East, a distance of 50.00 feet to a set ½ inch iron rod set for comer;
South 02 29' t6" West, a distance of 20.00 feet to a set ½ inch iron rod set for corner;
North 87 30' 44" West, a distance of 44.97 feet to _a ½ inch iron rod set for comer;
North 11 38' 09" West, a distance of 20.62 feet the PLACE OF BEGINNING and
containing 0.02t8 acres (950 square feet ) ofl%btX/~'
Notg;
TRUE AND CORRECT
COPY OF ORIGINAL
FILED IIU DALLAS
COUNTY CLERK'S OFFICF
Basis of bearing was determined using Texas Atate Plain, North Central Zone, Geodetic Bearing
Established by GPS Measurements taken from Texas Department of Transportation Station
RE570085, City of Coppelt Station 8, and City of Coppell Station 7. All stations checked within
0.01' of their published locations.
x'~ 0 t/
053 00033
FRED LEE HARRINGTON
VOL. 85077 / PG. 2161
D.R.D.C.T
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RIx/ERX/IE~ ES-f AlES
VOL. 97174' / pC.. 534-6 D.R.D.C.T'
Page 2 of
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...:,,:,L BULLOCK
COUNTY CLERK
DALLAS COUNTY
CLERK, Dallas Courtly, TezJ.
mW OF bALLA~ ~
PROPERTY MANAGEMENT
320 E. JEFFERSON BLVD-
DALLAS, TX. ?5203-2632
~-~¥~ COPY OF ORIGINAL
~k~;) FILED t~i DALLA~ ......
~ COUNTY CLERK S O~Hbr
053 00035