WA0002-ES031020Suzan Ta or - FW: Water Utili Easemert Pa e 1
00 -02
From: "David Prejean" <DavidP @arc - hs.com> vl�(� VA
To: <staylor @ci.coppell.tx.us>
Date: 10/20/2003 4:54:36 PM
Subject: FW: Water Utility Easement
- - - -- Original Message---- -
From: David Prejean
Sent: Monday, October 20, 2003 3:53 PM
To: 'staylor @ci.coppell.tx.usr'
Subject: FW: Water Utility Easement
Susan here is our legal suggested changes to the language in the easement. Please take a look and let
us know if the changes will be OK.
- - - -- Original Message---- -
From: Scott Gesell
Sent: Monday, October 20, 2003 3:49 PM
To: David Prejean
Subject: FW: Water Utility Easement
My suggested changes.
- - - -- Original Message---- -
From: David Prejean
Sent: Monday, October 20, 2003 3:44 PM
To: Scott Gesell
Subject: FW: Water Utility Easement
Here is the original easement document. the other email was the warranty language.
- - - -- Original Message---- -
From: Suzan Taylor [ mailto :staylor @ci.coppell.tx.us]
Sent: Tuesday, September 16, 2003 3:27 PM
To: David Prejean
Subject: Water Utility Easement
Dave:
As per your request, attached is the water utility easement. Please
sent the executed easements to:
Suzan Taylor
P.O. Box 9478
Coppell, Texas 75019
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Suzan Ta for Utili easement.doc Pa e 1
WATER UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT the term Grantor used herein shall be construed in the singular or plural
number as such term respectively represents one or more than one person.
THAT,ARC Communities I LLC d/b /a Golden Triangle MHC, known herein as
GRANTOR, in consideration of the sum of Ten and no /100 Dollars ($10.00) 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 strips ") for the purpose of
constructing and maintaining an underground water system on Grantor's main tract with the right
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 strips ") for the purpose of making additions to, improvements on and repairs to said
water system or any part thereof.
Said easement strips being described in Sheets 1 through 9 attached hereto and made a part
hereof for all purposes.
That in consideration of the benefits above set out, Grantee will remove from the easement
strip, such fences, buildings and other obstructions as may be found upon said property. After
construction of the underground water system has been completed or after any entry for repairs or
maintenance, GRANTEE shall, except for removed obstructions, but including the repair of any
damage done to any road, street or fence, return the surface area of the easement strip to its original
condition as nearly as practical taking into consideration the nature of the work being performed.
GRANTORS reserve the right to use and maintain the surface of the easement strip for purposes
which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of
the underground facility and restoration of the surface, GRANTEE shall not be obligated for future
maintenance and upkeep of the surface area.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described.
EXECUTED this day of 2003.
ARC COMMUNITIES 1 LLC
BY:
9 Suzan Tayl - Utili easement.doc Pa a 21
ITS:
GRANTOR
y or - Utili easement.doc Pa e 3
Suzan Ta I
STATE OF §
COUNTY OF §
My Commission Expires:
STATE OF TEXAS §
COUNTY OF DALLAS §
My Commission Expires:
NOTARY PUBLIC, State of Texas
('Type / Print Name of Notary)
This instrument was acknowledged before me on the
2003, by
of ARC Communities 1 LLC .
day of
the
NOTARY PUBLIC, State of
(Type / Print Name of Notary)
This instrument was acknowledged before me on the day of
2003, by
Suzan Tail - Utili easement.doc Pa e 4
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the
day of
2003, by
of
, corporation, on behalf of said corporation.
NOTARY PUBLIC, State of Texas
My Commission Expires:
(Type / Print Name of Notary)
WATER UTILITY EASEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS
THAT the term Grantor used herein shall be construed in the singular or plural number
as such term respectively represents one or more than one person.
THAT, Communities 1 LLC d/b /a Golden Trianele
MFIC known herein as
GRANTOR, in consideration of the sum of Ten and no /100 Dollars ($10.00) 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 strips ") for the purpose of
constructing and maintaining an underground water system on Grantor's main tract with the right 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 strips ") for
the purpose of making additions to, improvements on and repairs to said water system or any part
thereof.
Said easement strips being described in Sheets 1 through 9 attached hereto and made a part
hereof for all purposes.
That in consideration of the benefits above set out Grantee will remove from the easement
strip, such fences, buildings and other obstructions as may be found upon said property. After
construction of the underground water system has been completed or after any entry for repairs or
maintenance, GRANTEE shall, except for removed obstructions, but including the repair of am
damage done to any road street or fence return the surface area of the easement strip to its original
condition as nearly as practical taking into consideration the nature of the work being performed.
GRANTORS reserve the right to use and maintain the surface of the easement strip for purposes which
will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the
underground facility and restoration of the surface, GRANTEE shall not be obligated for future
maintenance and upkeep of the surface area.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described.
EXECUTED this
day of
, 2003.
ARC COW"TIES 1
LLC
GRANTOR
STATE OF TEXAS §
COUNTY OF ° 4—i i-4-4 §
This instrument was acknowledged before me on the day of
2003, by the
of ARC Communities I LLC .
NOTARY PUBLIC, State of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF DALLAS §
(Type / Print Name of Notary)
This instrument was acknowledged before me on the day of
2003, by
NOTARY PUBLIC, State of Texas
My Commission Expires:
(Type / Print Name of Notary)
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of
2003, by
a
Of
, corporation, on behalf of said corporation.
NOTARY PUBLIC, State of Texas
My Commission Expires:
(Type / Print Name ofNotary)