Securelock-ES041118 4?42621
11/18/0~
UTILITY EASEMENT
Deed
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL PERSONS 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, GREENWAY-GRAPEVINE/COPPELL PARTNERS L.P., a Texas limited
pa~nership, known herein as GRANTOR, in consideration of the sum of Ten and No/100 Dollars
($I000) and other good and valuable consideration in hand paid by the City of Coppell, Texas,
receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey
unto the City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and
privilege of passage in, along, under and across the following described property owned by
GRANTOR (the "Easement Property") for the purpose of constructing an underground water line
(the "Facilities") on the Easement Property 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 Easement Property for the purpose of making additions to,
improvements on and repairs to said Facilities or any part thereo£
Said Easement Property being described in Exhibits "A" and "B" 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 Property, such fences, buildings and other obstructions as may be found upon said
property. A~er construction of the Facilities have been completed, GRANTEE shall, except for
removed obstructions, return the surface area of the Easement Property to its original condition as
nearly as practical taking into consideration the nature of the work being performed. GRANTOR
reserves the fight to use and maintain the surface of the Easement Property for purposes which will
not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the
Facilities improvements and restoration of the surface, GRANTEE shall not be obligated for future
maintenance and upkeep of the surface area.
This Utility Easement and the covenants, privileges and agreements set forth herein are
subject in all respects to the "Additional Terms and Conditions" set forth on Exhibit C attached
hereto.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the premises above described
[ Signature Page to Follow ]
EXECUTED this
day of February, 2004.
GRANTOR:
GREENWAY-GRAPEVINE/COPPELL
PARTNERS L.P.,
a Texas lirNted partnership
By:
Greenway-Northpoint, Inc,,
a Texas corporation,
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the / 7.,~, day of February, 2004, by
6/'~/2'~04''~ ~~' '~g/~97~ff45~m~°'f'-Greenway-N°rthp°int'/ ~ v.a ~ Inc., a
Texas corporation, General Partner of Greenway-Grapevine~'pp~e ~'artners Lm.,a Texas limited
partnership, on behalf of said limited partnership.
No .t~P?o~c~ Sta~e ot'T~xas
Type / Print Name of Notary
C:\d\sys\shared\gic\15005_fellowshiptract\040216 Utility Easement doc
er~,2 2 t~ 12 318
EXHIBIT
UTILITY EASEMENT
BEING a tract of land located in the J. GIBSON SURVEY, ABSTRACT NO. 1716, Coppell,
Dallas County, Texas and being part ora tract of land described in Deed to Greenway-Grapevine
/ Coppell Partners, L.P., recorded in Volume 96097, Page 3964, Deed Records, Dallas County,
Texas and being more particularly described as follows:
BEGINNING at a point for comer found at the intersection of the Southeast line of State
Highway 121, a variable width public right-of-way, with the Northeast line of North Pointe
Drive, a 90 foot wide public right-of-way;
THENCE North 40 degrees 05 minutes 25 seconds East, along said Southeast line of State
Highway 121, a distance of 122.08 feet to a point for comer;
THENCE North 41 degrees 59 minutes 33 seconds East, continuing along said Southeast line of
said State Highway 121, a distance of 236.2r feet to a point for comer, said point being South 48
degrees 00 minutes 28 seconds East, a distance of 7.90 feet from a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" found at the most Westerly comer of SECURLOCK SMALL
BUSINESS PARK & STORAGE CENTER ADDITION, an Addition to the City of Coppell,
Dallas County, Texas, according to the Plat thereof recorded in Volume 2003213, Page 1910,
Plat Records, Dallas County, Texas;
THENCE South 48 degrees 00 minutes 28 seconds East, along the Westerly line of said
Addition, a distance of 10.00 feet to a point for comer, said point being North 48 degrees 00
minutes 28 seconds West, a distance of 229.00 feet from a 5/8 inch iron rod found for comer of
said Addition;
THENCE South 41 degrees 59 minutes 33 seconds West, a distance of 236.21 feet to a point for
comer;
THENCE South 40 degrees 05 minutes 25 seconds West, a distance of 121.88 feet a point for
comer in the Northeast line of said North Pointe Drive;
THENCE North 49 degrees 08 minutes 02 seconds West, along said Northeast line of North
Pointe Drive, a distance of I0.00 feet to the POINT OF BEGINNING and containing 3,581
square feet or 0.082 acres of land, more or less.
S:',Data'~.002\02-031\102031ESMT01 doc 2319 2/9/04
EXHIBIT "B"
VICINITY MAP
/
-2.%.
-%
3.581 SCL}ARE FEET OR 0.082 ACRES
dAMES GIBSON SURVEY ~ ABSTRACT NO. 1716
COPPEi..L DALLAS COUNTY. TEXAS
DOVv'Dk~, AND.g.R. SON
ASSOCIATES.. INC.
................... , .....
~m~22 ~. 12320
EXHIBIT "C"
Additional Terms and Conditions
(Utility Easement)
All notices given or required under this Easement shall be given in writing and shall be
given either by hand delivery or by depositing such notice in the United States first class
mail, postage prepaid, by certified or registered mail, return receipt requested, addressed
to the party to be notified at the following address, or such other address as any such
party shall from time to time designate in writing:
TO GRANTOR:
TO GRANTEE:
Greenway-Grapevine/Coppell
Partners L.P.
2808 Fairmount, Suite 100
Dallas, TX 75201
Attn: Christy Hammons
City 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 150
Dallas, TX 75201
Grantee will utilize the Easement Property only for the Facilities. Except as provided in
Paragraph 3 and except for the Facilities, no structures, improvements or impediments
shall be constructed on, under or across any portion of the Easement Property.
Grantor, its successors and assigns, reserve, retain, and shall have the right to fully use
and enjoy the said premises covered by the Easement Property, including the right to lay
out and construct and maintain streets, alleys, landscaping, parking lots, and utilities
across said Easement Property, provided that such improvements do not endanger or
interfere with the normal operation of the Facilities and provided that Grantor provides
Grantee with plans for said construction of said improvements prior to construction or
installation thereof. Grantor reserves the right to use the Easement Property in common
with Grantee, provided that such use(s) do not endanger or interfere with the normal
operation of the Facilities and provided Grantor maintains minimum clearances over the
Facilities as required by prudent and customary engineering practices, standards, and
applicable codes. Grantor may not erect buildings on or over any portion of the Easement
Property.
UTILITY EASEMENT EXHIBITC-I
,I 2321
In addition to the consideration recited above for the grant of this easement, Grantee will
restore the Easement Property and adjacent property to a condition as good or better as
exists on the date prior to any work.
Grantee shall, at its sole cost and expense, install and at all times maintain the Facilities
within the Easement Property in a good and workmanlike manner. Grantee agrees to
repair and restore any damage or injury to Grantor's adjacent land and to the Easement
Property caused or occasioned by the installation, operation, maintenance, repair, or
removal of the Facilities.
Grantor shall not be liable or responsible in any respect, directly or indirectly, for the cost
of construction of the Facilities or acquisition of the Easement, by levy, assessment, or
other means.
This conveyance is expressly subject to all existing rights-of-way and other matters of
record or visible upon inspection of the Easement Property.
The easements, covenants, and restrictions set forth in this Agreement shall run with the
land and shall be binding on Grantor and Grantee, their successors and assigns.
C:\dksyskshared\gic\15005_fellowshiptract\040216 Utility Easement.doc
UTILITY EASEMENT EXHIBIT C-2
1 2222