Belt Line Trade-ES06042704-27-2006 O1 25pm From-TXU 2148123642 T-190 P 002/007 F-517
THE STATE OF TEXAS
COUNT'Y' OF DALLAS
EASEMENT OR RIGHT OF WAY
That TXU' GENERATION COMPANY, L.P. formerly known as Dallas Power & Light Company,
a Texas Corporation, (hereinafter referred to as "Grantor"), and INDUSTRIAL
DEVELOPMENTS INTERNATIONAL (TEXAS), L.P. (hereinafter referred to as "Grantee', for
and in consideration of TEN AND NO/100 ($10 00) dollars and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by both Grantor and
Grantee, has granted, sold and conveyed, and by these presents, does grant and convey unto Grantee,
an easement or right of way for the purpose of constructing and maintaining one (1) $-inch sanitary
sewer line in, under and along the following described property:
SEE EXI3IBI'~' "A"
(ATTACHED HERETO)
There is also granted to Grantee, its successors and assigns, the temporary working space necessary
for the construction and maintenance of said sanitary sewer Iine. 'Working space shall not exceed 10
feet on either side of the centerline as described in Exhibit "A". Open cuts and/or trenching across
the easement strip is sinctly prohibited. Placement of said sewer line along the centerline described
in Exhibit "A" shall be accomplished through approved boring techniques and practices. No portion
of the bore pits shall be permitted upon or within the easement strip.
Grantee, its agents or employees shall not use or cause to be used any overhead lift or boom-type
equipment, including but not limited to draglines, backhoes and industrial waste vehicles, within the
limits of Grantor's property. Grantee shall notify Grantor's North Lake Steam Electric Station's
Plant Superintendent at 972-978-3510 at least two (2) working days prior to commencing any
construction applicable to this project on Grantor's property.
It is expressly understood and agreed that if the presence or maintenance of said sewer line on
Grantor's premises as herein authorized shall at any time in the judgement of Grantor interfere with
any use Grantor may desire to make of said premises or with the safe or convenient operation of its
business, Grantee agrees on thirty (30) days written notice to take whatever steps necessary to render
the use of Grantor's premises satisfactory to Grantor or perform other work necessary to render said
property usable, satisfactory to Grantor, to he solely at Grantee's expense and to be done as nearly as
practicable in accordance with Grantor's request. Should the Grantee fail to act within the thirty (30)
day notice period to render Grantor's property usable for safe operation of its business, Grantor
reserves the right to take whatever steps necessary to restore the premises to a satisfactory condition.
The cost of such action by Grantor shall be at the sole expense of the Grantee
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This easement shall continue only so long as Grantee herein 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 the termination of this easement or right of way for any reason, Grantee shall surrender this
easement and the possession of Grantor's property hereinabove described in 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.
Grantor shall not be liable for any damage to said easement or the contents thereof however such
damage shall be caused, whether by the negligence of Grantor, its agents, servants or employees,
except when caused by the willful acts of Grantor, its agents, servants or employees.
Crrantee shall, at its own cost and expense, comply with all applicable Iaws, rules, regulations and
orders issued by any governmental authority. Grantee agrees to indemnify and hold harmless
Grantor for any claims, demands, penalties, fines or attorney fees incurred relating to violations or
alleged violations of such laws, rules, regulations or orders. Further, Grantee agrees to indemnify
and hold harmless Grantor for any damages or expenses incurred as a result of Grantee's installation,
operation or maintenance of said sewer line on Grantor's above described property
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 for the benefit of the parties hereto.
TO HAVE AND TO HOLA 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 of omission on the part of them shall be a waiver of the
enforcement of such condition,
AND Grantor does hereby bind itself, rts successors and assigns, to warrant and forever defend all
and singular the above described easement and rights 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.
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E.XECUTEI? as of this
o~ 7 day of L A.D. 2006
GRANTOR
TXU GENERATION COMPANY, L.P.
t
B ti
Jim i n, Vice President
ACCEPTED ON THE TERMS AND
CONDITIONS CONTAINED HEREIN:
GRANTEE
IDUSTRiAL DEVELOPMENT'S INTERNATIONAL
(TEXAS), L,P. a Georgia Limited Partnership
By: ID International(Texas), Inc.,a Greorgia
orporation ,Its sole general partner
By:
Name: ~ c.c ~ n ~ ,-..
Title• ~i i..~ s-~S7` ~ ~~!/c~ /I~7 ~-
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THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORIa ME, the undersigned authority, on this day personally appeared Jim Dixon, Vice
President of TXU Generation Company, L.P. 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 TXU Generation Company, L.P., for the purposes and consideration therein
expressed and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this ' ' day of
2006.
` • ~/~yyt { , ~ ~. 1Y71YIJ I RVI~l1
-'` ~ Wry CpFeAAiSS10N EXPIRES
~ ~ pacemb~21, 2007
xm
Notary Publics and for the State
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the tundersigned authority, on this day person ll appeared
t ~ G~~ the y ~ Ce PrGs~d~~ n~"o~r~'l~~oie Industrial
laeve opments International (Texas), L.P ,known to me to be the person whose name is subscribed
to the foregoing instrument and aclcnowlcdged to me that he executed the same as the act and deed of
the said Industrial Developments International (Texas), L.P., for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZI day of ~} prZ{ ~-- ,
2006.
~;~*':g~, HEIDI METER ~%`~~~ .
Notary Publio, Stave of ~sxas ~~
~.~ ;.- My Commission Expires
~~,•,o March t ~, 2oos otary Public in and r the State of Texas
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EXHIBIT ° A °
PROPF,ATY DESCRIPTION
BEING a centerline description of a proposed easement in the J.G. Ca^lock 5u`vey, Apstract No
3i2, situated in the City of Coppell, Gallas County, Texas arse being a portion of that tract of
lane describetl in the Geed to Gallas Power & light Company recorded in V01ume A414, Page 82
of the Deed Records of Gallas County, Texas (^FIOCT) and the centerline being more
particularly described as follaw~
OOt4•IE]dCING at a 3!2" iron pln fend at the northwest Corner of Tract 2 of those tracts
d8scriflee in the deed to In~strial Developments International (Texas), LP. retarded in Volans
24028, Page 146 DRiICT, sale iron pin being on a southeasterly line of a tract of land
described in the deed to C.AA.T, recardetl in Volume 91008, Page 1341 QRO(.T, THENCE
Southeasterly, 6127 feet along a circular cixwe to the right, having a radius of 704.36 feet, a
central angle of 04'59'03' and hav~g a d~ortl which tears S 7a'39'SO' E, 6~,Q5 feet along the
west ]ins of said Tract 2 to the POINT OF ~G71VNING of the herein described centerline, from
which a i/2' iron pin previously set beers, s~uth~aster]y fi0_a5 feet along a oircular curve to the
ri ht having a radius of 704.36 feet, a Central angle of 04'53'3fi" and a chord whidl bears
S'42'50' E, 60.14 feet;
Tt£NCE S 64'25'20' W, depar~tir~ the west line of said Tract 2, a distance of 147.07 feet to a
ppoint on the asst line of Tract i of those same tr,~ts of land describetl in the deed to Industrial
Oevelapmer~ts International (Texas). L.P. recorded in Volume 2004028, Page 346 oRDCT at the
end of the herein described centerline, from which a i/2" iron pin previously set bears.
southeasterly 151.62 feet along a circular curve to the right having a radius of 604.56 feet, a
central angle of 14'22'28" and a chord which bears 5 70'27'!7` E, 353.23 feet;
NOTE
THE BEARINGS SHOMN HEREON AAE REFEAENCEI3 TO 7f-~ SOUTHERLY TYNE ~ THE (GARY)
RIGHT-OF-WAY (N 7$ 37'OQ" ~
~~II~~T~J$ ScaIB ~ NONE
~~][$~j,,][, ~ Date ~ MAR 200E
cmt EHan~s -. ptA~weAS .- suRVEyaRq Job No . ~ 10166
asps 1~mmnp oar, cwanc ~i Droffed ~ E V , D .
AAeao lei7) 3?Sr975 Checked ~ R . D . H .
Sheet
1
of
2
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EXHIBIT '' A"
.~'_
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~, _ ~ ~ POIlVT OF ,ins SAS .~,~ T .
~ / ~ ~~v~.vd' 9soo~$s: ~' pG. ~T .~
i ' i/2"r. P. F. D p.A~ p~StM pS~~A 9 R.0•N ~
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PROPOSES SANITARY SEWER EASEMENT
1 (BY SEPARATE INSTRUMENT)
' ~ ' ~ r ~ C / INDU5TRIAL DEVELOPMENT INTL., TX. L.P.
~ VOL. 2DOOA40D28~ TP6. 146
~ /~ ~'~~ spa"c.r P. s.
/~ ~~~ No /o ~N~69'05I35"Fhr,AO 30'1
~~~ PROP05E0 EASEMENT ~ \
. ~ CENTERLINE
` ~
N ~~'~'
Ii/2" C. I.P. F. A7 \.S' C Ta 9C~~
N 66 30 55' M 0.52' ~ s~ ~
BF,NY i/2' X_P F_ aT 16.0
N B9 25'26' N. 0.22') rJ ~~
Y1
S~gsi~ ` ~~9' 9S•
Agyo cT ~° ~
~P~E QF T ~i
°' ~ysrfi~
TRACT 3 .~•
INDUSTRIAL DEVELOPMENT, INTL. TX. L P ~,•
• ~ N~FND~~SOIf al ~ VOL. 2004028, PG S46 / ~ p•
-'FSiIC~'" D. R.O. C T. ~~'~Q,..
,~
/~~ ~ '~''
3' 3 ~ cum oarA , / ~ y~
Ct1RVE DELTA RADIUS ARC TANGENT CHORD BEARING CHORL-
C1 4'59'03" 704.36' 61.27' 30.66' S70'39'10"E 61.25'
C2 4'53'36` 704.36' 60.15' 30.10' S65'42'50`E 60.14'
C3 14.22'28" 604.36' 151.62' 76.21' S70.27'17"E 151.23'
NOTE:
THE 6EARINGS SHOWN HEREON ARE AEFERENCEO TO TFE 50UT1~_Y LINE OF THE (DART)
RIGHT-OF-WAY (N 75 '57'00" E)
FILED AND RECt~RDED
1~~'"~Y "' ~ oFFSCS~ t~uec.rc ~coRCs
1~ ~~
~~~ Cynthia Flpusroa Csihoun, County Clerk
Oallu County 1~iKAS
Msy f Z , ZNd ~'1: ~d • 21 pM ~c4
FER. S36.N ~i~