SW0001-ES0303068?-~Br-2G'O3 i?:]Z From-TXU 214 8?5 ~ T-587 PO0! F-?2O
Fax Cover
oallas, Texas 75201
Date: March 6, 2003____
'To: Kent Gdffin
Company: City of Coppell Fax: (972) 304-7041
Tel: (214) 875-3079
From: Shannon Gray
Dept: Land, Minerals & Right of Way __ Fax: (214) 875-3107
Re: Elevated Side Walk
If any pages are not received, please rail: (214) 875-3079
Number of pages (incLude cover page): 14
Request No 2100423 SDG
NW Carrollton-Hackberry, E-1382S6
,.,gg_.-. a~,,=, ,- 10~3.,8
ENCROACHMENT ON EASEMENT
THE STATE OF TEXAS
._.OUN. Y Oh ,~,~,.LAS
KNOW ALL MEN BY THESE PRESENT
The City of Coppell, a Texas Municipal Corporation, located primarily in Dallas County
(hereinafter referred to as User) has requested permission to construct, operate and maintain an
elevated sidewalk within the area or boundaries cf Oncor Electric Delivery Company's, successor
to t~e following Texas Power & Light Company (TP&L), easements recorded in Volume 657, Page
0106 and a Supplemental Easement recorded in Volume 85077, Page 3300; and Volume 3887,
Page ! I 0 and a Supplemental Easement recorded in Volume 76107, Page 0301, Deed Records of
Dallas County, Texas.
Oncor Electdc Delivery Company is agree~.bIe to the elevated sidewalk, he,"einsffer referred to as the
"encroaching facility", if the encroaching facility is located and described as shown on the attached
drawing, marked Exhibit 'A" and incorporated herein, and subject to the following terms and
condiiicns:
1. it is understood and agreed that Oncor Electric Delivery Company holds easemen~ rights on
the proper~y involved; therefore, User will be required to obtain whatever dghts and
permission, other than Oncor Electric Dalivew Company's, that are necessaw. This letter
agreement shall extend to and be binding upon User and its successors and assigns, and is
not to be interpreted as a waiver of any rights held by Oncor Electdc Delivery Company under
its easement.
2 User shall use only so much of Oncor Electric Delivery Company's easement premises as
may be necessary to construct, maintain and reuair the encroaching facility. This permission
. ' ' ' - 1~, ,se, of
Is granted ,.~..,,, the condition that User's encroaching fac,h,y and th- ,.d¢,~,n~ng = ' '
property on either side of User's encroaching facility shall be maintained and operated by
User at no expense to Oncor Electric Delivew Company,
3. By its acceptance of this permission, User assumes all risks and liability resulting or arising
from or relating to User's use, the existing condition, location, or existing state of
maintenance, repair or operation of the easement .sremises.
User to the extent allowable by law, agrees to defend, indemnify and hold harmless Oncor
Electdc Delivery Company, its officers, agentS and employees, from and against any and all
claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including
attorney's fees and court costs) of any and every kind or character, known or unknown, fixed
or contingent, for personal injury (including death), properly damage or other harm forwhich
recovery cf damages is sought or suffered by any person or persons that m~.? arise out of, or
be occasioned by, the negligence, miscon'duct or omission of User, its officers, agents,
associates, employees, contractors, subcontractors, subconsult~nts, or any ether person
O?-Mar-2Od3 17:12 From-TXU 214 8?$ ~ T-587 P 003 F-?ZO
entedng onto the Oncor's easement premises or may arise out of or be occasioned by the
use of User's encroaching facility, except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the sole negligenca ef Oncor Electdc Delivery
Company, its officers, agents, or employees or separate contractors, and in the event of joint
and concurrent negligence of both Oncor Electric Delivery Company and User, responsibility
and indemnity, if any, shall be apportioned comparatively in accordancawith the laws of the
State of Texas. In addition, to the extent necessa."/to permit Oncor Electric Delivery
Company to enforce its rights under this Encroachment, User expressly agrees to waive
the immunities and limitations of liability afforded by Section 315.001 of the Texas
Local Government Code and Section 101.023 of the Texas Civil Practice and Remedies
Code, or any successor provisions of the Jaw, provided that such waiver shall be for the
benefit of Oncor Electric Delivery Company only, and shall not be deemed to create any
cause of action in favor of any persons er entities not parties hereto where no such cause of
action would otherwise exist under the law. Therefore, nothing contained herein shall be
construed to waive any immunity for the benefit of, or create any agreement to indemnify.
Grantor for the acts or omissions of Grantor. or to waive any immunity for the benefit of, or
create any agreement to indemnify, any third parfy for any reason, Nothing contained herain
shall ever be construed so as to require User to assess, levy and collect any tax to fund its
obligations under this paragraph.
Use of draglines or other boom-type equipment in connection with any'work to be performed
on the Oncor Electdc Delivery Company easement by User, its employees, agents,
representatives or contractors must comply with Chapter 752, Texas Health and Safety
Code, the National Electric Safet~ Code and any other applicable safety or clearance
requirements. Notwithstanding anything to the contrary herein, in no event shall any
equipment be within fi,~een feet of the Oncor Electdc Delivery Company power lines situated
on the aforesaid property. User must notify the Dallas Region Transmission at (214) 721-
6257, 48 hours poor to the use of any boom-type equipment on the Oncor Eiectdc Delivery
Company easement.
User, by the acceptance of this permission, agrees to assume and undertake the active
operation, patrol, inspection, investigation, maintenance, secudty and policing of the
encroaching fadlity in accordance with the terms and conditions hereof. In particular, User,
by the acceptance of this permission, covenants and warrants to Oncor Electdc Delivery
Company that it shall, prior to and during the continuanCe of this permission, patrol, inspect,
and investigate the encroaching facility to the extent necessary to determine the condition of
the encroaching facilify and take all action necessary or appropriate to ensure the safe and
sanitary use thereof for public access purposes; shall, through the exercise of its
governmental and proprietary powers, including but not limited to its police powers, operate
and maintain, and shall require the public to use and maintain the encroaching facility in a
safe and sanitary manner, User, by the acceptance of this permission, covenants and
warrants that it shall assume fuji responsibility for: (i) detecting any hazards that may exist on
the encroaching facility to members of the public who may enter thereupon or make use
thereof; (ii) taking all steps necessary to eliminate or minimize such hazards; (iii) warning the
public of any such hazards that User is unable with the exercise of reasonable care to
eliminate; (iv) policing the encroaching facility to prevent the violation of any rules or
procedures implemented to promote the safety of the public on or about the property; and (v)
complying in connection with the maintenance, operation and use of the encroaching facility
with all applicable statutes, rules, regulations, and ordinances of all federal, state, and local
governmental bodies or agencies and common-law duties, including those re~ating to the
~?-M~r-ZO03 l?:lZ From-T×U 214 $T5 ~ T-587 P 004/014 F-720
protection of the environment including, but not limited to, applicable Environmental Laws.
7. The encroaching facility does not currently interfere with Oncor Electric Delivery Company's
use or enjoyment of its easement dghts, but if in the future the encroaching faolib7, in the
sole judgment of Cheer Electdc Delivery Company, does interfere with the use or enjoyment
of its easement rights, Oncer Electric Delivery Company shall have the fight to remove said
encroaching facility OncorElectdcDelivewCompanyshallnotifyUser~nwfitingthatwithin
90 days, the encroaching facility must be removed at User'S sole cost. If at the end of the 90
day pedod the encroaching facility has not been removed, Oncor Electric Delivery Company
shall remove it at User's expense. Cheer EIectdc Delivery Company will not be responsible
nor will compensation be paid for damages incurred by such removal. However, in an
emergency, Cheer Electric Delivery Company shall have the right to immediately remove the
encroaching facility, tfthe encroaching facility is removed, Oncer Electric DeliveryOompany
will not unreasonably withhold consent for User to relocate the encroaching fac~ity within the
easement.
8. it is expressly understood and agreed that if the property has transmission or distribution
facilities located thereon, User shall not place upon the premises any improvements,
including but not limited to, buildings, light standards, fences (excluding barriers installed
around transmission tower), shrubs, trees or signs unless approved in writing by Cheer
Eleddc Delivery Company.
9. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed
on the easement.
10. Oncor Electric Delivery, Company will not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of User's encroaching facility, At the
conclusion of any construction, User shall remove all debris and other materials from the
easement premises and restore the easement premises to the same condition it was in pdor
to the commencement of User's construction thereon or in proximity to. it is further agreed
that Cheer Electric Delivery Company shall not be liable for any damage to the encroaching
facility herein agreed to as a result of Cheer Electric Delivery Company's use or enjoyment of
its easement. Any Oncor Electric Delivery Company property damaged or destroyed by User
or its agents shall be repaired or replaced by Oncor Electric Delivery Company at User's
expense and payment is due upon User's receipt of an invoice from Oncor Electric Delivery
Company.
11. User 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 encroaching facility.
12. General construction limitations on encroachments are described and listed in Exhibit "B",
attached hereto and by reference made a part hereof.
13. By its acceptance of this permission, User acknowledges that it understands and agrees that
all or part of the easement premises may be deemed a "wetland" by the U.S. Army Corps of
Engineers and the U.S. environmental Protection Agency under and pursuant to their
respective authorities as defined in Section 404 of the federal Clean Water Act, 33 U_W.C.A
§1251 et seq., (herein Sectlon 404), and the various memoranda, agreements, guidelines,
~-~ar-ZO0~ 17:1~ From-TXU ~14 87§ § T-5~? P.O0§/OI~ ~-TZO
and regulations issued thereunder and/or that the easement premises may be a habitat for
threatened or endangered species as defined by the Texas Parks and Wildlife Department,
the U_S. Fish and Wildlife Service (herein Wildlife Regulations) and the various memoranda,
agreements, guidelines, and regulations issued thereundeF, and that Oncor Electdc Delivery
Company has made no representation or warranty to User as to the applicability of Section
404 or Wildlife ReguIations to the Easement Land, if any, nor the suitability of the easement
premises for any use if deemed a wetland or wildlife habitat, either in whole or in part, and
thereby subject to Section 404 or Wildlife Regulations, and User, on behalf of itself and its
successor o~ners and assigns, accepts the easement premises subject to whatever rights,
limitations, obligations or liabilities may be involved therein.
14
It is undemtood and agreed that, in case of default by User or its agents in any of the terms
and conditions herein stated and such default continues for a period of ten (10) days after
Oncor Electdc Delivery Company notifies User of such default in writing, Oncor Electdc
Delivery Company may at its election forthwith terminate this permission and upon such
termination all of User's dghts hereunder shall cease and come to an end. This permission
shall also terminate upon the abandonment of the encroaching facility.
If the foregoing terms and conditions are acceptable to The City of Coppell, please have the odginal
copies of this letter agreement signed and returned to me at, 300 S. St_ Paul, Suite 301, Dallas,
Texas 75201, within 30 days for final approval by Oncor Electric Delivery Company. This letter
permission shall be effective only after final approval by Oncor Electric Delivery Company.
ACCEPTED:
CiTY OF COPPELL
By: Jim ~
C~ty ~nager
Date: /~,~,,~//¢'
,2002Date:
APPROVED:
Oncor Electdc Delivery Company
Dallas Transmission Manager
O?-Mar-ZO03 17:13 From-T×U Zl4 $?5 5' T-58~ POOG/014 F-?ZO
20-FOOT ELEVATED SIDEWALK EASEMENT
David Meyers Survey, Abstract No. 886
City of Coppell, Dallas County, Texas;
BEING a 0.060 acre tract of land situated in the David Meyers Survey, Dallas County, Texas; said
tract being part of the D.P.&L Right-of-way as described in Deed recorded in Volume 4594, Page
302 of the Deed Records of Dallas County, Texas; said 0.060 Acre tract being more particularly
described aS follows;
COMMENCING, at a point, said point being the most southerly corner of Lot 3, Block A, St
Joseph Viltage, a proposed addition to the City of Coppell, Texas and being a part of Sandy Mac
Partners, Ltd. as described in Deed recorded in Votume 93071, Page 0161 of the Deed Records
of Dallas County;
THENCE, North 60 degrees, 46 minutes, 00 seconds East, departing the northeast line of said
Lot 3 and across Sandy Mac Partners, Ltd. and Lot 4 of said St Joseph Village, a distance of
474.21 feet to the POINT OF BEGINNING; said point being in the southeast line of said Lot 4 and
the northwest line of said D.P aL. Right-of-way;
THENCE, North 29 degrees, 13 minutes, 04 seconds East, along the said southeast line of Lot 4
and northwest line of D.P.&L ¢{ight-of-way, a diste, nce of 20.22 feet to a point for corner;
THENCE, South 69 degrees, 15 minutes, 45 seconds East, departing said southeast line of Lot 4
and northwest line of D.P.&L Right-of-way, a distance of 131.44 feet to a point for comer in the
souti~east line of said D.P.&L. Right-of- way and a northeast line of the River Ridge Addition, an
addition to the City of Coppell, Texas according to the plat recorded in Volume 95031, Page 2123
of the Deed Records of Dallas County, Texas;
THENCE, South 29 degrees, 13 minutes, 04 seconds West, along the said southeast line of the
D P.&L Right-of-way and northwest line of River Ridge Addition, a distance of 20 22 feet to a
point for corner;
THENCE, North 69 degrees, 15 minutes, 45 seconds West, departing said southeast line of the
D.P.&L. Right-of-way and northwest line of River Ridge Addition a. distance ct 131.44 feet to the
POINT OF BEGINNING.
CONTAINING; 2,627 square feet or 0.060 acres of land, more or less.
2230-18
A
17:13 From-TXU 214 8?§ 5; T-587 P 007/014 F-?20
LOT 2, BLOCK A / //
1{3 50 qO0 200 /- // i¢ / /
..// _4 ,~--/' /
I m-RADHtC SCALE IN FEET' .~/ /'¥/ //
pRopos~ / ~
~ , STARLEAF DRIVE ~.~' // / /
LOT 3, BLOCK A
i ST. JOSEPH VILLAGE / //
/ /
SANOY/MAC PART/~EF/S, LTD.
VOL. 95071, pG,,/01,51
,~4~,/ ,~ '"'~/ N ~ 29'1~'04" W / VOL 95051, PG. Z125
/;~,, ?~ ,~ ,~ ~o.=, /
, , ,, POINT
· ~ ~_ , /
POINT OF ',, /
BJM JAK 1"=100' SEPT. 2002 22,30-0 ] ,14-8
20' ELEVATED
SIDEWALK EASEMENT
LOCATED IN THE C~7"¢ Oft COPPELL, TEXAS
AND BEING OUT OF THE
DAVID MEYERS SURVEY, ABSTRACT NO. 886
DALLAS COUNTY, TEXAS
%~/, ,'/, ;'/ A
DWG FILE: 2230-01,148CVi.t}wC
OT-~ar-ZdO~ ~?:!3 ~rom-TXU Z14 8?§ § T-58T P 008/014 F-~20
Request No. 2100423 SDG
Ligget-Collin 138 ky
DP&L Deed L-9.6
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS
That Oncor Electric Delivery Company, a Texas corporation, hereinafter referred to as
Grantor, for and in consideration of TEN AND NO/100 DOLLARS ($10.00), and other good and
valuable consideration to it in hand paid by the City of Coppell, Texas, a Texas Municipal
Corporation located primarily in Dallas County, Texas hereinafter referred to as Grantee, has
granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said
Grantee a nonexclusive easement and dght of way for the purpose of constructing, operating
and maintaining an elevated sidewalk hereinafter referred to as Grantee's Facility, in, over,
under, across and along the following described property:
O~ EXHIr~IT "A" a,~mched hereto and made a part, he,-eof for all intent and purposes. (the
"Easement Land")
There is also granted to Grantee, its successors or assigns, a nonexdusive easement to
use only so much of Grantor's adjoining land, dudng 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 dudng operation and construction and at the conclusion of such
construction remove all debris and other materials from 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 workto
be performed on Grantor's property by the Grantee, its employees1 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 whthin fifteen feet of Grantor's power lines situated on
the aforesaid property- Grantee must notify Grantor's Supervisor of Dallas Region
Transmission at (972) 721-6321 at least 48 hours pdor to the use of any bcom-type equipment
on Grantor's property except in an emergency. Granter reserves the dght to refuse Grantee
permission to use boom-type equipment.
Grantee shall locate said Grantee's Facility within the easement sO as not to interfere wit~
any of Grantor~s facilities. Grantee shall relocate its Facilities as required so as not to interfere
with Grantees facilities or, in the event the parties can agree on the cost to relocate Grantor's
facilities then Grantor agrees to relocate its facilities at Grantee's cost
O?-~r-200~ 17:14 From-T×U ~14 875 5~ T-$87 P009/014
This easement is granted upon the conditions that Grantee's Facility and the adjoining 15
feet of property on e~ther s~de of Grantee s Fac~hty 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.
By its acceptance of this Easement and Right of Way, Grantee assumes ali risks and
liability resulting or arising from or relating to Grantee's use, the existing condition, Ioc~tion,
existing state of maintenance, repair or operation of the Easement Land.
in so far as permitted by law, Grantee agrees to defend, indemnify and hold Grantor, its
officers, agents and employees, harmless against any and all c~aims, demands, causes of action,
loss, damage, liabilities, costs and expenses (including affomey's fees and court costs) of any and
every kind or character, known or unknown, fixed or contingent, for personal injury (including death),
property damage or other harm for which recovery of damages is sought or suffered by any person
or persons that may arise out of, or be occasioned, by the negligence, misconduct or omission of
Grantee. its officers, agents, associates, employees, subconsultants, or any other person entering
onto the Easement Land or arising out of the use of Grantee's Facility except that the indemnity
provided for in this paragraph shall not apply to any liability resulting from the sole negligence of
Grantor, its officers, agents, or employees or separate contractors, and in the event of joint and
concurrent negligence of beth Grantor and Grantee, responsibility and indemnh'y, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas. In addition, to the
extent necessary to permit Grantor to enforce its dghts under this Easement, Grantee expressly
agrees to waive the immunities and limitations of liability afforded by So,ion 315.001 or,he
Tex~s Local Government Code and Section !0'1.023 of the Texas Civil Practice and .Remedies
Code. or any successor provisions of the law, provided that such waiver shall be for the benefit of
Grantor only, and shall not be deemed to create any cause of action in favor of any persons or
enfities not part[es hereto where no such cause of action would otherwise exist under the law.
Therefore, nothing contained herein shall be construed to waive any immunity for the benefit of. or
create any agreement to indemnify, Grantor for the acts or omissions of GrantOr, or to waive any
immunity for the benefit of, or create any agreement to indemnfty, any third party for any reason.
Nothing contained herein shall ever be construed so as to require Grantee to assess, levy and
collect any tax to fund its obligations under this paragraph.
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 [n or upon or connected with said premises because of Grantee's use
thereof
By [ts acceptance of this Easement, Grantee acknowledges that it understands and
agrees that ail or part of the Easement Land may be deemed a "wetland" by the U.S. Army Corps
of Engineers and the U.S. environmental Protection Agency under end pursuant to their
respective authorities as defined in Section 404 of the federal Clean Water Act, 33 U.W.C.A
§1251 ~., (herein Section 404), and the various memoranda, agreements, guidelines, and
regulations issued tl~ereunder and/orthat the Easement Land may be a habitat for threatened or
endangered species as defined by the Texas Parks and Wildlife Department, the U_S. Fish and
Wildlife Service (herein Wildlife Regulations) and the various memoranda, agreements,
I?:i4 From-TXU
guidelines, and regulations issued thereunder; and that Grantor has made no representation or
warranty to Grantee as to the applicability of Section 404 or W~ldlife Regulations to the Easement
Land, if any, nor the suitability of the Easement Land for any use if deemed a wetland or wildlife
habitat, either in whole or in part, and thereby subject to Section 404 or Wildlife Regulations, and
Grantee, on behalf of itself and its successor owners and assigns, accepts the Easement Land
subject to whatever dghts, limitations, obligations or liabilities may be involved therein.
Grantee, by the acceptance of this Easement, agrees to continue to assume and
undertake the active operation, patrol, inspection, investigation, maintenance, security and
policing of the Easement Land, and all improvements situated thereon, in accordance with the
terms and conditions hereof. In particular, Grantee, by acceptance of this Easement, covenants
and warrants to Grantor that it shall, pdor to and during the continuance of the Easement, patrol,
inspect, and investigate the Easement Land to the extent necessary te determine the condib'on of
the Easement Land and take all action necessary or appropriate to ensure the safe and sanitary
use thereof for public access purposes; shall, through the exercise of its governmental and
proprietary powers, including but not limited to its police powers, operate and maintain, and shall
require the public to use and maintain the Easement Land in a safe and sanitary manner.
Grantee covenants and warrants that it shall assume full responsibility for_ (i) detecting any
hazards that may exist on the Easement Land, including Grantee's Facility, to members of the
pubiicwho may enter thereupon or make use thereof; (ii) taking all steps necessary to eliminate or
minimize such hazards; (iii) warning the public of any such hazards that Grantee is unable with
the exercise of reasonable care to eliminate: (iv) policing the Easement Land to prevent the
violation of any rules or procedures implemented to promote the safety, of the public on or about
the property; and (v) complying in connection with the maintenance, operation and use of the
Easement Land with all applicable statutes, rules, regulations, and ordinances of all federal, state,
and local governmental bodies or agencies and common-law duties, including those relating to the
protection of the environment including, but not limited to, applicable Environmental Laws.
Grantee, by the acceptance if this Easement, acknowledges and agrees (a) that Grantor shall
have the dght of ingress and egress through area~ of the property reasonably designated for the
purposes of accessing its electdc power and telecommunications facilities upon the Easement Land;
(b) that as the owner of the fee interest in the Easement Land Grantor shall have the right to
construct, reconstruct, improve, maintain, or operate any and all electdc power transmission and
distribution lines, electric power substations, communications lines, gas lines, oil lines, water lines, or
any other facilities, on, over, under or across the Easement Land or any part thereof, and, to the
extent that they may be granted without unreasonably interfering with the Easement granted to
Grantee herein, to grant licenses, easements, rights of way, and other such rights and privileges to
others, that Grantor, in its discretion, deems necessary; and (c} that Grantor shall have the right to
grant federal (including the armed forces) or state agencies and private entities having the power of
eminent domain, the right to place, install, or construct any improvement or facility of any type
desired or required by such grantee, on, over, under or across the Easement Land or any part
thereof an d to receive payment of any settlement or condemnation award with respect of the taking,
damaging, use, or occupancy of the Easement Land, or any part thereof if any condemnation
proceedings should be instituted or threatened by any agency or body having such power of eminent
domain; provided, however, that Grantee shall be entitled to receive and retain whatever separate
award shall be made with respect to the recreational improvements of Grantee upon the Easement
Land.
If Grantee fails to comply with any condition or term of this Easement, Grantor may provide
written notice to Grantee, identi~ing those areas requiring corrective action, and Grantee at its awn
cost and expense, within such period as may be specified by Grantor but in any event within one
hundred twenty (120) days from receipt of such notice, shall take reasonable and necessary
corrective action to comply with said condition or term. If, after the expiration of said pedod, Grantee
has net satisfied Grantor in its attempts te comply with such condition or term, Granter may by
wd~en notice to Grantee terminate and revoke the Easement, whereupon all right, title and interest
in and to the Easement Land shall revert to Grantor, effective upon such date as may be specified in
such notice
This easement, subject to ail liens of record, shall continue only so long as Grantee shall
use this dght 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 dght of way for any
reason, Grantee shall remove its Facility and restore the property hereinabove described to the
same condition that such properly was in at the beginning of the term of this agreement, ordinary
wear and tear for the purpose herein authorized excepted. Grantee shall not assign this
easement without the pdor written consent of Granter.
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
p~r~ of them shall be constrded 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 fights 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 of this _'~'~('- day of -~ak' .. ,20
GRANTEE:
GRANTOR:
CITY OF COPPELL
By: Ji~
~t'M,a.na/ger /
Cheer Electric Delivery Company
H ~.~l-T'~'ylo r
Attorneyqn-Fact
,2002 Date: O/-(~-C-~ ,2002
37-~ar-2J03 )F:I5 FFom-TXU 214 8F5 5' T-SBT P 012/014 F-?20
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared Hazel
Taylor, known to me to be the person whose name is subscribed to the foregoing
document as the Attorney-in-Fact for Oncor Eiectric Delivery Company, and
acknowledged to me that he executed the same as attorney in fact for the said Oncor
Electric Delivery Company and that the said executed the same by and through him for
the purposes and consideration therein expressed
GIVEN UND/E~ MY HAND AND SEAL OF OFFICE, this
'~ day of ¢ec-embcCCr224~Z. ~/~'~'~ * ~'~'~"litl~, i
NO.a~W F~6!ic i~ and for the State of Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared, Jim
Witt, known to me to be the person and officer whose name is subscribed to the
foregoing document as the City Manager for the City of Coppell, and acknowledged to
me that he executed the same as the act and deed of said the 6tty of Coppell, and for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
/¢ day of December, 2002.
AKNOWLEDGMENT
Notary Public in an~Jor the State of Texas
20-FOOT ELEVATED SIDEWALK EASEMENT
David Meyers Survey, Abstract No. 886
City of Coppell, Dallas County, Texas;
BEING a 0.060 acre tract of land situated in the David Meyers Survey, Dallas County, Texas; said
tract being part of the D.P.&L. Right-of-way as described in Deed recorded in Volume 4694, Page
302 of the Deed Records of Dallas County, Texas; said 0.060 acre tract being more particularly
described as follows;
COMMENCING, at a point, said point being the most southerly corner of Lot 3, Block A, St
Joseph Village, a proposed addition to the City of Coppell, Texas and being a part of Sandy Mac
Partners, Ltd. as described in Deed recorded in Volume 93071, Page 0161 of the Deed Records
of Dallas County;
THENCE, North 60 degrees, 46 minutes, 00 seconds East, departing the northeast line of said
Lot 3 and across Sandy Mac Partners, Ltd. and Lot 4 of said St Joseph Village, a distance of
474.21 feet to the POINT OF BEGINNING; said point being in the southeast line of said Lot 4 and
the northwest line of said D.P.&L. Right-of-way;
THENCE, North 29 degrees, 13 minutes, 04 seconds East, along the said southeast line of Lot 4
and northwest line of D.P.&L. Right-of-way, a distance of 20.22 feet to a point for corner;
THENCE, South 69 degrees, 15 minutes, 45 seconds East, departing said southeast line of Lot 4
and northwest line of D.P.&L Right-of-way, a distance of 131.44 feet to a point for corner in the
southeast line of said D.P.&L. Right-of- way and a northeast line of the River Ridge Addition, an
addition to the City of Coppell, Texas according to the plat recorded in Volume 95031, Page 2123
of the Deed Records of Dallas County, Texas;
THENCE, South 29 degrees, 13 minutes, 04 seconds West, along the said southeast line of the
D.P.&L. Right-of-way and northwest line of River Ridge Addition, a distance of 20.22 feet to a
point for corner;
THENCE, North 69 degrees, 15 minutes, 45 seconds West, departing said southeast line of the
D.P.&L. Right-of-way and northwest line of River Ridge Addition a distance of 13'1.44 feet to the
POINT OF BEGINNING.
CONTAINING; 2,627 square feet or 0.060 acres of land, more or less.
2230-18
/
0 50 100 200
GRAPHIC SCALE IN FEE'[
LOT 2, BLOCK A .~' ~/1 /.- /
PROPOSED ~ // / //
STARLEAF DRI~ . J" // j //
LOT 3, BLOCK A /
ST, JOSEPH VILLAGE [~'~ //
SAND' /M¢,C PARTNERS, LT[~
% VOL. PG. 0161 //
/ 20.22'
POINT~ OF
, /, EGINNINq
9401 IBJ FREEWAY SLJITF 300 DALLAS TEXAS 75243 9722353031
BJM JAK 1"=100' MAY 2002 2250-01148
LOT 4, BLOC~/
A
ST. JOSEPH VILLAGE
20' ELEVATED ,'
SIDEWALK EASEMENT/
(0.06 AC, 2,627 SF),/
/
,'RIVER RIDGE ADDITION
J VOL. 950,51, PO, 2125
29'15'04" W
20.22'
BRADFORD
DRIVE
POINT oF',', .~,s^~, sE~,~_,,,, ,
COMMENcEMEN~,~ -
/ ,/,F,,t~ 20' ELEVATED
/'/" ', SIDEWALK EASEMENT
LOCATE~ IN THE CITY OF COPPELL, TEXAS
AND BE]NC OUT OF THE
~AVID MEYERS SURVEY, ABSTRACT NO. ~86
DALLAS COUNt, TEXAS
DWG FILE: 2250 01148CVIDW(;
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared, Jim Witt, known
to me to be the person and officer whose name is subscribed to the foregoing document as the City
Manager for the City of Coppell, and acknowledged to me that he executed the same as the act and
deed of said the Ci~ of Coppell, and for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
Ic~ ? day of December, 2002.
Notary Phblic in and f°~Jh~ S~ate of Texas
ACKNOWLEDGEMENT
NOTARY PUBLIC
STATE OF TE~S
T H E •C 1 T Y • O F
Copy P.O.
COPFELL
7 Phone: (972)304 -3686
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ENGINEERING DEPARTMENT
FAX COVER SHEET
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Phone: Pages: 4_ (including cover sheet)
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❑ Urgent ❑For Review ❑ Please Comment ❑ Please Reply ❑ As Requested
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IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (972) 304 -3686
"City of Coppell Engineering— Excellence By Design"
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.E
Attorneys & Counselors al Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS@NJDHS.com
ROBERT L DILLARD JR (1913-2000)
H LOUIS N~CHOLS
LAWRENCE W JACKSON
October 22, 2002
Via Facsimile 972-304-3570
and U.S. First Class Mail
Mr. Ken Griffin
City Engineer
City of Coppell
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
RE: Oncor grant of easement and encroachment on easement for the Riverchase
Walkway
Dear Mr. Griffin:
We have reviewed the documents forwarded to us regarding the above referenced
Agreements. Specifically, we have reviewed an Easement and Right-of-Way Agreement and
also an Encroachment on Easemem Agreement both of which are by and between Oncor Electric
Delivery Company and the City of Coppell. After reviewing said documents, we would provide
the following recommendations.
Easement and Right-of- Way Agreement:
We would point out that Oncor's reference on page 2, last paragraph,
concerning [J.S. Army Corps of Engineers. the federal (;lean Water Act and
Wildlife Regulations are the City's obligations to comply. We do not have any
objections to those provisions but would point out to the City the obligation to
conduct those investigations and inquiries at its expense. We would not anticipate
that this would be an onerous duty and ob:igation in this case but it does indicate a
hidden cost and cost of compliance in the event that those regulations require
additional work by the City.
The indemnity provisions that are also provided on page 2 of the same
document. With regard to such provisions, it is our position that the words "under
the laws of the State of Texas" should be inserted between "concurrent
negligence" and "of both Grantor and Grantee". :In the same paragraph, it is our
opinion that the sentence beginning, "In addition to the extent necessary ..... ",
that the entire sentence should be eliminated. If it is the desire of Oncor to not
Mr. Ken Griffin
City Engineer
October 22, 2002
Page 2
have these indemnity provisions to be asserted against it for the purposes of
enforcing the easement we have no problem. The words that have been proffered
by the Grantor in this case appear to, in effect, waive governmental immunity.
We would not recommend that the City do anything to waive its immunity or to
use any words that may be construed to waive immunity. Likewise, we have no
problem agreeing not to assert the immunity and/or limitations of liability in the
enforcement of the easement agreement itself, which appears to be the purpose of
that language.
Encroachment on Easement Agreement:
We would have the same objections and point out the same issues that
were relative to the Easement and Right-of-Way Agreement.
The rest and remainder of the documents appear to be standard for a TXU easement in all
respects. Therefore, it is our opinion that the documents may be executed by the City upon
proper presentation to the City Council to accept these conveyances. With respect to the
easement, City Council action will be required although the "license", which is the encroachment
on the easement, may be accepted by the City Manager or staff member. However, since an
easement is technically an estate in land under property law concepts, it is required under the
Charter that the City Council accepts it. The license, however, is not an estate of land and could
be accepted by the City Manager or staff member. Having said this, it still may be easier to take
both documents to City Council for their approval.
With regard to the license, it is our understanding that the property covered by the license
agreement is actually on property owned by St. Joseph's Village, a development in the City of
Coppell. Thus, we would be required to obtain, through a replat instrument or separate
instrument, the actual easement rights and then execute the encroachment on the easement
documents as well.
Thank you for your attention in this matter. If you have any questions, please feel free to
contact us at your convenience.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
l~ob~rt E. Hag-"~r-/'"J-
REH/cdb
NICHOLS, JACKSON, DILLARD. HAGER & SMITH, L.L.E
51514
with any of Grantor's facilities. Grantee shall relocate its Facilities as required so as not to
interfere with Grantor's facilities or, in the event the parties can agree on the cost to relocate
Grantor's facilities then Grantor agrees to relocate its facilities at Grantee's cost.
This easement is granted upon the conditions that Grantee's Facility and the
adjoining 15 feet of property on either side of Grantee's Facility 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.
By its acceptance of this Easement and Right of Way, Grantee assumes all risks
and liability resulting or arising from or relating to Grantee's use, the existing condition,
location, existing state of maintenance, repair or operation of the Easement Land.
In so far as permitted by law, Grantee agrees to defend, indemnify and hold Grantor, its
officers, agents and employees, harmless against any and all claims, demands, causes of
action, loss, damage, liabilities, costs and expenses (including attorney's fees and court costs)
of any and every kind or character, known or unknown, fixed or contingent, for personal injury
(including death), property damage or other harm for which recovery of damages is sought or
suffered by any person or persons that may arise out of, or be occasioned, by the negligence,
misconduct or omission of Grantee, its officers, agents, associates, employees, subconsultants,~
or any other person entering onto the Easement Land or arising out of the use of Grantee's
Facility except that the indemnity provided for in this paragraph shall not apply to any liability
resulting from the sole negligence of Grantor, its officers, agents, or employees or s.e.p~
contractors, and in the event of joint and'concurrent negligencero-f-b'0~h"c~'~l:antee,
responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas..[n add~o~ te the exte~ rteees.s~.,7 te p~r,mit Granter te~m~.eeffts
rigl'F~rrder 11'tis-Easemen~ Grantee.-exF~ressly agrees to-'waive the-immunities-*and
limitations of riability afforded by Section 315.001 of the Texas Local Government Code
a~td Section 101.023 of the Texas Civil Practice and Remedies Code, or any successor
.provisio;s of-th,eHaw,-pro,~ied, thor-such warver shati be *for 'the-benefit**oFGra~or-o~yT, 'and
shalJ not be deemed to create any cause of action in favor of any persons or entities ~ot parties-
heFeto where no such cause of action would otherwise exist under the law. Nothing contained
herein shall ever be construed so as to require Grantee to assess, levy and collect any tax to
fund its obligations under this paragraph.
Grantee shall, at its own cost and expense, comply with all applicable laws, including
but not limited to zoning ordinances, governmental rules, regulations and guidances
enacted, issued 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.
By ifs acceptance of this Easement, and without limiting the foregoing, Grantee
acknowledges that it understands and agrees that all or pad of the Easement Land may be
deemed a "wetland" by the U.S. Army Corps of Engineers and the U.S. environmental
Protection Agency under and pursuant to their respective authorities as defined in Section
404 of the federal Clean Water Act, 33 U.W.C.A §1251 et seq., (herein Section 404), and
T H E · C I T Y - 0 F
COPPEi2.
September t3, 2002
Shannon Gray, Right-of-Way Agent
TXU Business Services
P.O. Box 139083
Dallas, TX 75313-9083
RE: Riverchase Elevated Sidewalk Project SW 00-01
Dear Mr. Gray:
Enclosed with this letter is a revised copy of the 20' elevated sidewalk easement showing the correct
volume and page number for the DP&L right-of-way. Please feel free to contact me if you have any
questions or need any additional information.
SincereJy, /r--)
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
Office 972/304-3686
Fax 972/304-7041
T H E C I T Y 0 F
COPPELL
September 5, 2002
rl'XU Business Services
Shannon Gray, Right-of-Way Agent
P.O Box 139083
Dallas. TX 75313-9083
RE: Riverchase Elevated Sidewalk Project SW 00-01
Dear Mr. Gray:
Enclosed with this letter are two executed copies of the easement across the TXU property to allow the
construction of the elevated sidewalk. Once Oncor has executed the easement please return one original to
the City of Coppell so that it can be filed with Dallas County.
We have set a bid date on this project of October 8, 2002 with a City Council award date of October 22,
2002.
Thank you for your assistance ~n processing the document to the City of Coppell and I look forward to
receiving it in the very near future, lfyou should have any questions or need additional information please
feel free to contact me.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
Office 972/304-3686
Fax 972/304-7041