ST9302-ES 970717Tim Brancheau
Account Manager - Coppell
Farmers Branch District
I 1
I'~ELECTRIC
July 17, 1997
Mr. Kenneth M. Griffin, P.E.
City of Coppell
P. O. Box 478
Coppell, TX 75019
Dear Ken:
Enclosed are three copies of the Road Dedication Deed and Temporary Slope Easement for TU
Electric's Sandy Lake Road substation site. These documents are for the City of Coppell's
signature and recording. Please send me one copy of the recorded instruments.
Call me at 972/888-1307 if you have any questions.
un ranc eau
TB:cl
Enclosure
14400 Josey Lane Farmers Branch, Texas 75234
STATE OF TEXAS
COUNTY OF DALLAS
SANDY t-,~KE ROAD SUBSTATION
DEED D 4434
STREET OR ROAD DEDICATION DEED
:~'3337
01/a7/~8 830310
Deed
KNOW ALL MEN BY THESE PRESENTS:
$17.00
That, TEXAS UTILITIES ELECTRIC COMPANY, a Texas corporation, hereinafter called
"Grantor", for no consideration but as a gift to the CITY OF COPPELL, a municipal
corporation of Dallas County, Texas, hereinafter called "Grantee", receipt of which is
hereby acknowledged, has GRANTED AND DEDICATED, and by these presents does
hereby GRANT AND DEDICATE unto said Grantee for so long as the hereinafter
described property is used for street or road purposes, and subject to the reservations
hereinafter set forth, all that tract or parcel of land more particularly described in Exhibit
"A" attached hereto and made a part hereof for all purposes.
SUBJECT TO all visible, apparent and recorded easements and rights-of-way and subject
to the easement retained by Grantor herein, over, under, along and across the tract herein
and hereby conveyed.
GRANTOR RESERVES AND EXCEPTS for itself, its successors and assigns, an
easement and right of way for one or more electric power lines and communication lines,
each consisting of a variable number of wires, and all necessary and desirable
appurtenances and attachments, including poles, H-frames, metal towers, guy wires, and
guy anchorages, over, across, and upon the land herein conveyed, together with the right
of ingress and egress over and along such land for the purposes of constructing, operating,
improving, reconstructing, repairing, relocating, inspecting, patrolling, maintaining, and
removing such electdc power and communication lines as Grantor may from time to time
find necessary, convenient or desirable to erect thereon, provided such use does not
unreasonably interfere with Grantee's use of the property for street or road purposes.
Grantor shall have the right to trim and cut down trees and shrubbery to the extent, in the
sole judgment of the Grantor, necessary to prevent possible interference with the operation
of any of said lines or to remove possible hazards thereto, and the right to remove or
prevent the construction on such land of any or all buildings, structures, and obstructions.
If any such buildings, structures, or obstructions are constructed or permitted by Grantee
to exist on the land without prior written consent of Grantor, then the Grantor shall have the
right to remove same and Grantee agrees to pay to Grantor the reasonable cost of such
removal.
This dedication deed, subject to all liens of record, is granted upon the conditions that the
street or road to be constructed shall be maintained and operated by Grantee at no
STREET OR ROAD DEDICATION DEED Page I
expense to Grantor, and Grantor shall not be responsible for any cost of construction,
reconstruction, operation, maintenance, or removal of the road or street. Grantee agrees
that Grantor will not be assessed for any costs of paving said street or road. Grantee
further agrees that should Grantor be required to remove, relocate, or reconstruct any
towers, poles, electric lines, or other facilities situated on the herein described land as a
result of this dedication, paving, or other improvements thereon and thereto by Grantee,
Grantee shall bear the cost of such relocation, removal, or reconstruction.
TO HAVE AND TO HOLD the above-described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto Grantee, its successors and
assigns, for so long as the above-described property is used for street or road purposes.
When such property ceases to be used for street or road purposes, it shall immediately
revert to and vest in Grantor, its successors and assigns; AND Grantor does hereby bind
itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular
the above-described premises unto 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 this the ! ;~'''/~
-- day of ,:.,TL,)/- "/ ,1997.
TEXAS UTILITIES ELECTRIC COMPANY,
By:
Attorney In Fact
STREET OR ROAD DEDICATION DEED Page 2
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared B. N.
Norris, known to me to be the person whose name is subscribed to the foregoing
document as the Attorney In Fact for Texas Utilities Electric Company the party
thereto, and acknowledged to me that he executed the same as attorney in fact for the said
Texas Utilities Electric Company, and that the said Texas Utilities Electric Company
executed the same by and through him for the purposes and consideration therein
expressed.
~,.,- \,G, IVEN UNDER MY HAND
~JU~LA , A.D. 1997.
.J
AND SEAL OF OFFICE this t~ day of
· - -Notar~ Public, State of Texas
STREET OR ROAD DEDICATION Page 3
EXHIBIT "A"
LEGAL DESCRIPTION
STREET OR ROAD DEDICATION
BEING 0.169 acres of land located in the S. HENDERSON SURVEY, Abstract No. 629,
Dallas County, Texas, and being a portion of the tract of land conveyed to Texas Power
& Light Company, a predecessor to Texas Utilities Electric Company, by the deed recorded
in Volume 84002, Page 7511 of the Deed Records of Dallas County, Texas. Said 0.169
acres being more particularly described by metes and bounds, as follows:
BEGINNING at a point at the Northeast corner of said Texas Power & Light Company
Tract, Lying in the existing South right-of-way line of Sandy Lake Road;
THENCE S 01° 13' 18" W 41.58 feet along the East boundary line of said Texas
Power & Light Company Tract to a 1/2" iron rod set in the proposed new South
right-of-way line of said Sandy Lake Road;
THENCE S 88° 52' 20" W 176.05 feet along the proposed new South right-of-way
line of Sandy Lake Road to a 1/2" iron rod set in the West boundary line of said
Texas Power & Light Company Tract;
THENCE N 010 16' 05" E 41.88 feet along the West boundary line of said Texas
Power & Light Company Tract to a point at the Northwest corner thereof, lying in the
existing South right-of-way line of Sandy Lake Road;
THENCE N 88o 58' 03" E 176.00 feet along the existing South right-of-way line of
said Sandy Lake Road to THE PLACE OF BEGINNING, containing 0.169 acres (
7,340 square feet) of land.
PARCEL NO. 32
EXHIBIT "B"
P.O, BOK I I I'i'4 fll IlOl liNIN FII~
SANDY LAKE ROAD
N 01°16'05"E_
41.88'
I/2" I~
N 88°58'03"E 176.00'
lINE ~ ,,,
PERMANENT RIGHT-OF-WAY
0,169 ACRES / 7,34-0 SQ,FF,
S 88°52'20"W
176.05'
POINT OF BEGINNING
PERMANENT R.O.W.
S 01°1Y18"W
41.58'
COCKEB. L 14N~Y DOBECKA
VOL., 5321, PG. 14.5
D.R.D.C.T.
TEXAS POWER & LIGHT Co. ~
VOL. 84002, PG. 7511 '~'
D.R.D.C.T. /*
SCALE 1"= 40'
SURVEYED ON THE GROUND
APRIL 29, 1996
~S L. BRITTAIN
GISTERED PROFESSIONAL
LAND SURVEYOR
STATE OF TEXAS No. 1674
PARCEL No. 32
PERMANENT RIGHT-OF-WAY,
9801:7 O lOOl~
"§0010
Li
086
gALL*", ,-' La, UN,
98 J~tt 27 ~H 9:28
described rea~ ;ropcrb'
STATE OF TEXAS
I here'oF ceffi~, this ia~trur,cnt v?a fi;ssi on the dnte ami Jimm
a - -. ....... in the volume and
p ge of the named rc~ords of Dii:as County, Texas as starnp~
~reon ~
JAN 2? 1998
COUNTY CLERK, Dallas County, Texas
SANDY I.A~E ROAD SUBSTATION
DEED Di '4434
EASEMENT AND RIGHT OF WAY
TEMPORARY SLOPE EASEMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
That TEXAS UTILITIES ELECTRIC COMPANY, a Texas Corporation, hereinafter
termed 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 has
granted, sold and conveyed and these presents does hereby grant unto the CITY OF
COPPELL, P. O. Box 478, Coppell, Texas 75019, a Municipal Corporation, its successors
and assigns, hereinafter referred to as Grantee, a nonexclusive easement or right of way
for a reasonable time period, as necessary, for the purpose of a temporary slope
easement for grading, sloping or filling along, hereinafter referred to as Grantee's Facilities,
upon and across, said Grantor's main tract, with the right and privilege during construction,
of having ingress, egress, and regress in, along, upon and across said described property:
On EXHIBITS "A and B", attached hereto and made a part hereof for all
intent and purposes.
1. Construction of Grantee's Facilities . This easement and right of way,
together with all rights and privileges hereby granted, may be used by Grantee, its
successors and assigns, for the location, construction, reconstruction, relocation, alteration,
maintenance, inspection, operation and removal of its facilities; and Grantee, at all times,
shall have the right of ingress and egress over and above the described property to and
from said right of way. There is also granted to Grantee, its successors and assigns, a
nonexclusive easement to use only so much of Grantor's remaining land, during temporary
periods, as may be necessary for the construction and maintenance of said facilities. 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 during construction and at the
conclusion of such construction remove all construction 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. Grantee, its
agents or employees shall not use, cause or permit to be used any overhead lift or boom-
type equipment, including but not limited to draglines, backhoes, cranes and industrial
waste vehicles, within 15.0 feet of any of Grantor's overhead electric conductors. Grantee
shall contact the Supervisor of Dallas Region Transmission at 721-6281 at least two (2)
working days prior to commencing any work on Grantor's property.
TEMPORARY EASEMENT Paga I
2. Liability for Damages. Grantor shall not be liable to Grantee for any damage
to said easement or Grantee's facilities or other contents thereof, except when caused by
the willful misconduct of Grantor, its agents, servants or employees. Grantor and Grantee
each agree that if any claim or liability shall arise from the joint or concurring negligence
of both parties hereto, it shall be borne by them in proportion to their negligence. It is
understood that it is not the intention of the parties hereto to create liability for the benefit
of third parties but that this agreement shall be solely for the benefit of the parties hereto.
3. Compliance with Laws. Grantee shall, at its own cost and expense, comply
with all applicable laws, rules, regulations, and orders issued by any governmental
authority relating to Grantee's installation, operation and maintenance of said facilities.
Grantee agrees to be responsible for and indemnify and hold Grantor harmless from and
against any and all claims, demands, penalties, fines, liabilities (including attorney's fees)
incurred relating to any violation or alleged violation of such laws, rules, regulations or
orders resulting from Grantee's acts or omissions, as well as for any and all damages or
expenses incurred as a result of Grantee's installation, operation, or maintenance of said
facilities on Grantor's hereinabove described property.
4. Termination of Easement. This easement shall continue only so long as
Grantee shall use this right 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 right of way for any reason, Grantee shall restore the property hereinabove
described to the same condition that such property was in at the beginning of the term of
this agreement, ordinary wear and tear for the purpose herein authorized excepted.
5. Easement Subject to Lien Mortgage. This grant of easement is subject to the
Lien of Mortgage and Deed of Trust, dated as of February 1, 1937, from Dallas Power &
Light Company to the Old Colony Trust Company, as Trustee (First National Bank of
Boston, Successor Trustee), and recorded in Volume 1223, page 1, Deed of Trust
Records, Dallas County, Texas, and filed with the Secretary of State of the State of Texas
as Utility Security Instrument No. 75-016099, and the Lien of the Mortgage and Deed of
Trust, dated as of December 1, 1983, from Texas Utilities Electric Company to Irving Trust
Company (now The Bank of New York), Trustee, filed with the Secretary of State of the
State of Texas, as Utility Security Instrument No. 83-281286, each as heretofore and
hereafter supplemented and amended, and Grantee shall not impair the use of said
premises in the operation of the business of Grantor, its successors and assigns.
6. Non-waiver of Franchise. This easement is granted subject to the terms,
conditions and provisions of Grantor's franchise with the City of Coppell. In no event, shall
the terms, conditions and provisions herein contained alter, modify, amend or revoke any
of the terms, conditions and provisions of the franchise.
TEMPORARY EASEMENT Page 2
7. Relocation of Grantee's Facilities. Whenever by reason of Grantor's use of
its hereinabove described property, for any purpose whatsoever, it shall be deemed
necessary by Grantor to remove, alter, change, adapt, or conform the facilities of Grantee,
such alterations or changes shall be made as soon as practicable by Grantee when
ordered in writing by Grantor, without claim for reimbursement or damages against
Grantor; provided, however, if said requirements impose a material financial hardship upon
Grantee, the Grantee shall have the right to present alternative proposals for Grantor's
consideration. Grantor shall not require Grantee to remove its facilities entirely from the
hereinabove described easement unless suitable alternatives are available for relocation
at reasonable cost, but in any event Grantee shall be required to relocate such facilities
within the hereinabove described easement so that such facilities do not impair the use of
such property by Grantor in the operation of its business.
8. Location of Grantee's Facilities. Grantee shall locate its facilities within the
easement so as not to interfere with any of Grantor's facilities. Grantee shall reimburse
Grantor for any and all costs and expenses incurred by Grantor for any relocation or
alteration of its property or facilities located on or near the easement that Grantor, in its
reasonable discretion, determines are subject to physical interference from Grantee's
facilities or from the exercise by Grantee of any of its rights hereunder.
9. Relief from Assessments. A part of the consideration of this easement and
a condition hereof is the assumption and agreement of the Grantee to relieve Grantor from
any and all costs of opening, grading, paving and construction of any street, alley, curb,
gutter, sidewalk or other improvements or construction on the right of way herein conveyed
in connection with the present projected improvement or any such improvements made
subsequent to this grant. The acceptance of this easement by Grantee and the use of the
right of way herein conveyed shall evidence the agreement between Grantor and Grantee
as stated in this paragraph, and such agreement shall be construed as a covenant running
with the land.
10. Use of Easement. Subject to Grantor's right to cause relocation of Grantee's
facilities under the circumstances set forth in paragraph 7 above, and unless such
relocation is required pursuant thereto, Grantor shall not (without the prior written consent
of Grantee) construct or place within the above described right of way any building, fence,
tree, shrub, or any other structure, improvement or growth which may endanger or in any
way interfere with the construction, efficiency or convenient operation and maintenance of
said facilities, and Grantee shall, at all times, after notice to, and consultation with, Grantor
(as may be reasonable under the circumstances) have the right to remove and keep
removed, all or parts of any building, fence, tree, shrub, or other structure, improvement
of growth of any character which, in the reasonable judgment of Grantee, may endanger
or in anyway interfere with the construction, efficiency or convenient operation and
maintenance of said water main facilities.
TEMPORARY EASEMENT Page
11. Headings. Headings used in this instrument are for the convenience of the
parties only and shall not be considered in construing any provision hereof.
TO HAVE AND TO HOLD the above described easement and rights unto the City
of Coppell its successors and assigns, for the purposes aforesaid and upon the conditions
herein stated until the facilities covered by this easement be abandoned for use by the City
of Coppell 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 part of them shall be construed
as a waiver of the enforcement of such condition.
AND it hereby binds itself, its successors, legal representatives and assigns, to
WARRANT AND FOREVER DEFEND all and singular the above described easement and
rights unto the 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.
EXECUTED as of this
-- day of J'/..,/Z ~' ,1997.
GRANTOR
TEXAS UTILITIES ELECTRIC COMPANY
B. N. NORRIS
Attorney In Fact
GRANTEE
CITY OF COPPELL
By:
Title'
TEMPORARY EASEMENT
Page 4
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared B. N.
NORRIS, Attorney In Fact, Texas Utilities Electric Company, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of the said Texas Utilities Electric
Company, for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ___i .~-[f~ day of
,,..~.,~/I ~ , A.D.
1997.
~' ~/eE'L'G% ~ Uot~ Cublic intend for the State of Texas
STATE OF TE~S
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared
,, of the City of
Coppell, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act and deed of the
said City of Coppell for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, A.D. 1997.
day of
Notary Public in and for the State of Texas
TEMPORARY EASEMENT Page 5
E~HIBIT &
LEGAL DESCRIPTION
T~MPO~Y SLOPE EASEMENT
BEING 879 square feet of land located in the S. HENDERSON SURVEY,
Abstract No. 629, Dallas County, Texas, and being a portion of the tract
of land conveyed to Texas Power & Light Company, by the deed recorded in
Volume 84002, Page 7511 of the Deed Records of Dallas County, Texas. Said
879 square feet being more particularly described by metes and bounds, as
follows:
BEGINNING at a 1/2" iron rod set in the proposed new South right-of-way
line of Sandy Lake Road, being located at a point lying
S 01° 13' 18" 41.58 feet from the Northeast corner of said Texas
Power & Light Company Tract;
THENCE S 01° 13' 18# W 5.00 feet along the East boundary line of
said Texas Power & Light Company Tract to a point;
THENCE S 88° 52' 20" W 176.05 feet along a line 5.00 feet South 6
and parallel to the proposed new South right-of-way line of Sandy Lake
Road to a point in the West boundary line of said Texas Power & Light
Company Tract;
THENCE N 01° 16' 06" E 5.00 feet to a 1/2" iron rod set in the
proposed new South right-of-way line of Sandy Lake Road;
THENCE N 88° 52' 20" E 176.05 feet along the proposed new South
right-of-way line of Sandy Lake Road to THE PLACE OF BEGINNING,
containing 879 square feet of land.
PARCEL NO. 32
EXHIBIT "B"
TEMPORARY SLOPE EASEMENT
N 01°16'06"E _
5.00'
VOl.. 5321. P~. 14,5
D.R.D.C.T.
SANDY LAKE ROAD
N 88°52'20"E 176.05'
S 88°52'20''w 176.05'
TEXAS POWER & UGHT Co.
VOL 84002, PG. 7511
D.R.D.C.T.
~ T.P.&I. TRACT i~
5.00'
SCALE 1" = 40'
SURVEYED ON THE GROUND
APRIL 29° 1996
/JAGS L. BRITTAIN
~._./R~ISTERED PR~ESSIONAL
LAND SURVEY~
~TATE OF TEXAS Ne, !674
PARCEL No. 32T
111MPORARY SLOPE EASEMENT
EXHIBIT "B"
TEMPORARY SLOPE EASEMENT
N 01 °16'06"E _
r
5.00'
1/2"1RS
SANDY LAKE ROAD
176.05'
N 88°52'20''E
S 88"52'20"W 176.05'
~ T.P. 4cLTRACT ~~.~
BE:~INNINO S O1 °1 3'1 8"W
"F 5.00'
VOL 532% PG. 145
D.R.D.C.T.
TEXAS POWER & UGHT Co.
VOL 84-002, PG. 7511
D.R.D.C.T.
SCALE 1"
= 40'
SURVEYED ON THE GROUND
APRIL ~9, 1996
· BRITTAIN
RED PROFESSIONAL
LAND SURVEYOR
STATE OF TEXAS No. 1674
PARCEL No. 32T
TWMPORARY SLOPE EASEMENT
The City With A Beautiful Future
£NCIN££~f NC
P.O. BOX 478
255 PARKWAY BLVD.
COPPELL, TX 75019
FAX NO. (972) 304-3570
DE_PAR TME N T
FAX C0 V£R SH£E T
TO:
FIRM:
FAX NO:
PHONE
DATE:
TRANSMITTED BY' TIME:
NUMBER OF PAGES (INCLUDING COVER SHEET)
IF YOU DO NOT RECEIVE ALL OF THE""'
PAGES, PLEASE CALL (972) 504-5679.
EXCBLLENCE~~/'~
BY DE$IGN~