Securelock-CS040227~ENT BY: NOUONTON OAPITAL;
g723701427;
FEB-27-04 10:t8A~;. PABE 1/6
Hodghton Capital, Corp.
DA~'E: Feb 27, 2004
FAX: 972-370-1427
TOi
FR{
NU
If ti'
Keith Marvin
Fax No: 9'/2-304-7041
)M: Andrew Smith
BER OF PAGES (including cover page): (~
re is difficulty with this transmission, please call 972/370-1418
MESS/~,GE:
Blacldi+e and clean copy of Exhibit C for requested utility easement from attorney
for Gre~nway Investments Company
This mE sega is intended for the use of Ihe bJdividual or entity to which it is addressed, and may be
informal that la PRIVILEGED and CONFIOENT/AL If you ere Rot tho intended recipient or the
employ~ ~ or agent responsible far dellvedng the message to the intended recipient end have received this
Inform )n in error, you are hereby notified that any dieeemmetion, distribution or copying of th~s
commu~ cetlur~ IS prohibited. Please notify US immediately by telephone end return the original message to
~ls at tlt~ i above eddress via the UnJted ~tetes Postel Service Thenk you
BENT r~y: HOUGHTON CAPITAL:
Feb 25. 2004 12 5PM
2808 Fa~rln,
Suite I SO, L1
Dallas,
Date:
To:
From:
Fax:
Number of
Please ~ DI
CO~E~
arc hereby m
StrJ~ p~bl
nm~ abow
P~inl
9723701427;
FEB-27-04 t0:18AU; PA~E 2/6
No,2793 P. 1
tnt
?S201
GROGAN & BRAWNER P.C.
ATTOIUNEYS AND COUNSELORS
(214) 979-1100
Seud~r'e F-Mall: jgrogaa~gbdsllas~com
Fax (214) 979-]310
February ;26, 2004
Andrew Smith
R. J. Grog~n~ Jr.
172-370-1d27
I hive attached both u blacklJna and a clean copy of
~ lueludlug this Cover Page: 5
ia or Cheryl at (214) 979.1100 if yOu do not receive nil pages.
IA][,ITY NOTICE: Thc information contain~d in this hcf~mtl~ tFansmbsion is
Id ettorney-privil~ed. This information is Intended for the excluslv e use of thc
se name(s) b/are indicated above. If the reader of tbb notice b not the intended
he employee or agent responsible for delivering it tn the intended recipient, you
iliad that any sue; dlsaeminatian, distribution or e~pying of this information is
dted. If you have retx4ved this information in crror, please henley the sender
and return the original information to Gro~.an & Brawnor P.C, by the U.S.
at our expense. You may earl collect ifout~lde area code 21d. ! :5005
SENT BY: HOUGHTON CAPITAL;
15PM
I.
giv~
mnil.
to thel
· o ¢
G%em
2808
DalI~
Arm:
With
2808
Dall~
Ornntl
Paralp
shall t
Oranb
oul an
-,iliti~
or int~
Orant~
install
opera1
Faeili~
applic
Prop¢
G7~3701427;
Gro~a~ & Braener
FEB-~7-04 10:19AM; PAGE 3/6
N0.2793 P. 2
Ad~dmonal Terms mud Condi~ions_
(UfilRT Elsie,-mt)
ices given or reqni~-d under this F..asement shall be given in writing and shall be
:ilher by hand deliver/or by depositing such nofie~ in thc United States first class
,oslnge prepaid, by certified or registered mail, r~tam receipt re. quested, ;Oflressed
~art~ to be notified at Ihe following address, or such othe~ address as any such
mil from time to time desisnate in writing:
RANTOR:
TO GRANTF.]::
tway- Grapevine/Co ppeU
acrs L.P.
Fairmount, Suite I00
;, TX 75201
Christy Hammons
City of Coppell
255 Parkway Bovlevard
Coppell, TX 75067
Attn: Director of Public Works
togaa, Jr.
n & Brawnet P.C.
?aitmoung Suilc
TX 75201
wilt utilia: thc Ea~n~-nt Property only for the FatUities. Except as provided in
~ph 3 and except for the Facilities, no stntcturos, improvements or impediments
constructed on, under or a~ross any portion of thc En.scment Property.
r, its successors and ns$~gns, reserve, retain, and shall have th.e. right to fully se
oy the said l~'mises cove~d by the Eascment Propetty, including the fight to lay
i constrict and maintain streets, alleys, landscaping, parking lots, ;~wsats-and
across said Easement Properly, provided that such improvements do not
t'ere with the normal Ol0~ation of ~be Facilitie~ and provided that Cn, nntor provides
with plans for said construction of said improvements prior to co~imclion or
tion therco£ Ornn~or r~scrvM ~ right to u.se the Easement Propen7 m common
l~l~teC, pl~0vided th.t ~ ~.Sq~(S) C~ not enclaagor or intc~'cg with ~he normal
on of thc Faoilities and provided Grantor maintains minimum olearances over the
eS ns requited by prudent and cuslomalT e~ginecring practices, standards, and
ble codes. Grantor may not eaect buildings on or over any portion oft. he Easement
BENT BY: HOUGHTON CAPITAL;
~e~) 26, ~DO~, i2: 6PM
4.. In ad(
5. G~t
6.
o~
7. ~s ,
g, ~e ·
l&nfl ~
9723701427;
Gro~a~ & Brawaer
FEB-~7-04 10:19AM; PAGE 4/6
t[on to thc con. ideation ~ched above for the ~a~t o~' this ea.~ement,
e s~l, at its ~le cost ~ c~c, ~1 ~d ~ ~ fim~ maintain ~e Fac~ifim
· e ~ Pm~ ~ a go~ ~d ~m~like m~n~. Gr~t~
~ ~ or ~ioned by the ins~l~tb~ ~o~ ~n~, repair, or
fi of the Fgili~.
~on ol ~ F~flid~ or ~q~sifioa of ae E~em~g by 1~. ~scssmcn~ or
mv~ce is exp~ssly subj~t to ~1 exi~ fi~-of-way ~d other ma~s or'
or ~ble u~n i~ioa of the ~m~t ~o~.
s~b, coverts, ~d restrictions ~ f~ ~ ~s ~ent s~ll
sd sh~l ~ b~ng on ~ ~ G~, ~ s~ce~ and assi~s.
SENT BY: HOUGHTON CAPITAL;
Feb.26. 2004
to the
party ~
TO
280g
A~n:
wi~
~J.~
Grog
2808
out
~t~
Ope~{
~pbc
9723701427;
KEB-~7-04 10:19A~; PAGE 5/6
No2793 P. 4
Additionsl Terms end Conditions
(Utility Easement)
rices given or l'v, quizcd under this Eascanent sh~l] be given ~n writing and shall be
.,4~er by hand dcLivciT or by d~poeiting such noticc ia ~c United States ~u'at class
~OStege prepaid, by certified or registered ~ai!, ~et'Ltra receipt reclucstcd, addressed
patty to be notified al th.e tbllowing address, or such other address as any such
hail fi.om time to time de~a~nate in writing:
;RANTOR:
TO GRANTEE:
lway- C~apevine/Coppell
~e~s L.P.
Fairmount, Suite 100
s, TX 75201
Chr~st~ Hsmmoas
City of Copl~ll
255 Parkway Boulevard
Coppell, TX 75067
Aim: Director of Public Works
rWogan, h.
a & Brawn~ P.C.
'airmounL Suite 150
. ~ 75201
: ~11 m~izc ~c ~mt Pmp~ only for &e F~fies. Except M ~ovi~ ~
~ph 3 ~ c~pt ~ ~ F~ilifies, no s~, ~pwvements ~ ~pcd~mcn~
: ~ on, ~ or ~ss ~y posen of~e ~t ~opc~.
r, its successors and assigns, reserve, retain, and sh~ml have the fight to. fully usc
joy the said premiscs coveted by thc EMement Pwpea'tT, iacluding the nght to lay
constnlct alg] m~intai]l streets, alleys, land~capil~, parking lots, ,nd utilitlcs
isa. id Eaaemem Property, provided that. s. uch improve..ents, do, _not cndang~.or
~ with thc normal ope~'ation of the Pacgifies and prowded t.f~r Grantor prowues
: with plans for ~aid cons~'u~fion of said L~provements prior to construction or
.tion thereof, Grantor rese~vcs thc right to use the P*,temcat Property in common
rantee, provided that such 1~¢(s) do not endangc~ or h~crfcre w~th ~ normal
on of the Facilities and provided OllmtOr mainte~n~ mlni~lt~11 ¢lea/al~e$ ove~ the
e-s a~ required by prudent and customary e~ineeting practices, ~e*na~'ds, and
~ble codes. Otantor may not ere~ buildings on o~ ov~ any portion of the Easement
SENT BY: HOUGHTON CAPITAL;
F~b.26. 2004
4. In adc
rc~ol~
withlr
6. ~t~
o~ cog
7. 'r~ c
reco~
8. ~
0723701427;
Grogan & Brawner
FEB-27-04 IO:20AM; PAGE 6/6
No.2793 P. 5
floe to the consideration recited above for the grant of this ~ent, Crrante¢ will
thc F_~s*ment Property and adjacent prop~*y to a condition as good or bctl~ as
m ~he date prior to any work.
; shall, at its ao~ cost and expense, insutU and at all hines ma.~t,,~- thc Facil'tles
the Easement Property in a good and worknumlikc maln~cr, Cmmtcc agrees to
~ r*s~ ~ny &gn~ Or injury to Orantor's adjacent land and to the Easement
ty caua~l or oooa~ioned by the iz~taflstion, opemlio~ maintenance, repaiz, or
id of the Facilities.
ir shall not be Liable or responsible in any respect, directly or indirectly, for the cost
slruction of thc Facilities or acquisition of the Easement, by levy, assessmenl, or
onveyence is expressly subject to all exhting rights-of-way ~nd, other matters of
or visible upon i~pection of tho l/ascmcnt Property.
a~acnts, covenants, end rcslrictions set forlh in this Agreement shall mn with the
id shall be bindbag on Grantor and Orantee, thoir successors and assigm.
100~_ ~llawdfil~a:fi040216 U~llly ~nl.doc
F~IT (>2
EXHIBIT "C"
Additional Terms and Conditions
(Utility Easement)
All notices or required under this Easement
given or by depositing such
mail, postage by certified
to the party to at the following
party shall from time designate in writing:
given in writing and shall be
in the United States first class
requested, addressed
or such other address as any such
TO GRANTOR:
GRANTEE:
Partners L.P.
2808 Fairmount, Suite 100
Dallas, TX 75201
Attn: Christy Hammons
of Coppell
255 Parkway Boulevard
Coppell, TX 75067
Attn: Director of Public Works
With copy to:
R.J. Grogan, Jr.
Grogan & Brawner P.C.
2808 Fairmount, Suite
Dallas, TX 75201
Grantee will utilize
Paragraph 3 and
shall be
Property only fo
for the Facilities, no
under or across any portion of
Facilities. Except as provided in
improvements or impediments
Easement Property.
Grantor, its
and enjoy the
out
or
Grantee
with
Property.
and assigns, reserve, retain, and
covered by the Easement
and maintain streets, alleys, landscaping, I:
said Easement Property, provided that such
normal operation of the Facilities and
plans for said construction of said improvements
t thereo£ Grantor reserves the right to use the Easement
provided that such use(s) do not endanger or
of the Facilities and provided Grantor maintains minimum
as required by prudent and customary engineering
codes. Grantor may not erect buildings on or over any portion
have the right to fully use
including the fight to lay
lots, fences, walls and
do not endanger
that Grantor provides
to construction or
in common
with the normal
over the
standards, and
? the Easement
In
restore
exits on
drainage
or the
to the consideration recited above for the grant o
Property and adjacent property to a
prior to any work, including but not
and other improvements
Grantee will
)od or better as
fences, driveways,
he use of the Easement
Grantee shall, at its ~st and expense, install
within the Easement in a good and
repair and restore any ~r injury
landscaping, and other surface to
Property caused or occasioned
removal of the Facilities.
times maintain the Facilities
manner. Grantee agrees to
without limitation, paving, fences,
adjacent land and to the Easement
operation, maintenance, repair, or
Grantor shall not be liable or
of construction of the Facilities
other means.
respect, directly or indirectly, for the cost
Easement, by levy, assessment, or
This conveyance is expres
record or visible upon'
iect to all
>fthe
and other matters of
The easements,
land and shall be
and restrictions set forth in
on Grantor and Grantee,
shall run with the
and assigns.
Nothing
~ in this agreement is intended to nor shall it
rights to any other party or entity except
as dedicating
forth herein.
_fellowshiptract\040216 Utility Easement.doc