White Glove-ES060928(i'�I'(J,I,�I N1111011111 EASEMENT Z0060 0361960
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PRIVATE UTILITY EASEMENT MAINTENANCE AGREEMENT
AND DUMPSTER SHARING AGREEMENT
THIS PRIVATE UTILITY EASEMENT AGREEMENT AND DUMPSTER SHARING
AGREEMENT (this "Agreement ") is entered into to be effective as of September 27, 2006
WHEREAS, VINTAGE WASH- COPPELL, LP ( "Vintage ") is the owner of the two
tracts which are described on Exhibit "C" and Exhibit "D" hereto (the "Tracts "),
WHEREAS, the Tracts are mutually benefited by a private utility easement which is
described on Exhibit "A" hereto and shown on the attached hereto as Exhibit "B" (the "Private
Utility Easement ");
WHEREAS, Vintage desires to set forth the obligations of the current and future owners
of the Tracts with respect to the maintenance of the Private Utility Easement and the utility lines
within the Private utility Easement,
WHEREAS, there is a dumpster enclosure located on the tract described on Exhibit "C"
( "Tract C "), and it is the desire of Vintage to allow the dumpster to be utilized in the future by
the owners of both Tracts,
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Vintage agrees as follows
1 Maintenance of Private Utility Easement Each of the owners of the Tracts shall
be solely responsible for the repair and maintenance of improvements (le paving, landscape,
walls, etc ) on the surface area of the Private Utility Easement which is on their respective Tract.
The Tract owners shall jointly share the costs of repairs and improvements to underground utility
lines which are located within the Private Utility Easement. Unless the costs of repairs to
underground utility lines is the direct and proximate result of the intentional actions or
negligence of a respective Tract owner, the costs of repairs and improvements to underground
utility lines in the Private Utility Easement shall be borne in equal shares by the Tract owners. If
the cost of repairs is the result of intentional actions or negligence of one Tract owner, such
owner shall bear all of the costs of repairs and improvements to the underground utility lines in
the Private Utility Easement arising out of such intentional or negligent act. For purposes of this
paragraph, utility lines shall include water lines, sewer lines, gas lines, and electric lines. The
obligations of the owners of each Tract shall run with the land.
2. Use of Dumpster and Maintenance of Dumpster Enclosure The owner of Tract C
shall retain the services of a disposal company to supply and service a garbage dumpster for the
point benefit of the owners of the Tracts The costs incurred in providing the garbage dumpster
and servicing it shall be borne in equal shares by the Tract owners The Tract owners shall
jointly share the costs of maintenance, repairs and improvements to the dumpster enclosure.
Unless the costs of repairs to the dumpster enclosure is the direct and proximate result of the
intentional actions or negligence of a respective Tract owner, the costs of repairs and
improvements shall be borne in equal shares by the Tract owners. If the cost of repairs is the
result of intentional actions or negligence of one Tract owner, such owner shall bear all of the
costs of repairs to the dumpster enclosure arising out of such intentional or negligent act. The
obligations of the owners of each Tract shall run with the land.
3 Attorney's Fees The prevailing party in any legal proceeding regarding this
Agreement shall be entitled to recover from the other party all reasonable attorney's fees and
costs incurred in connection with such proceeding.
4 Assignment In the event Vintage shall transfer or sell either Tract, the purchaser
of such property shall assume the obligations and duties hereunder of the prior owner, and the
prior owner shall be relieved of any further obligations, liabilities, and duties ansing hereunder
5 Entire Agreement This instrument contains the entire agreement relating to the
rights herein granted and the obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force and effect except a subsequent
modification in writing, signed by the party to be charged.
EXECUTED to be effective as of the date first written above
Vintage Wash - Coppell, LP,
a Texas limited partnership
By GWD Investments, L.L.0 ,
a Texas 1 ted liability company
Its: Sole Ge 1 Partner
By R. J Pipes
Its Manager
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared R. J Pipes,
Manager of GWD Investments, L.L.C., the sole general partner of Vintage Wash- Coppell, LP, a
Texas limited partnership, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, as the act and deed of said limited partnership, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 'I day of September, 2006.
Notarvljublic, tate . Texas
Printed Name of Notary
CA
i'lt" n C, ?P L { fy
My Comimission Expires.
After recording return to
� Y P rj8( �9Y
co
s�TE O F
FXPIRE
Vintage Wash - Coppell, LP
1909 Woodall Rodgers Freeway
Suite 550
Dallas, TX 75201
PROPERTY DESCRIPTION
FOR
A VARIABLE WIDTH PRIVATE UTILITY EASEMENT
0 0293 of an acre of land situated in Lot 1 R, Block A, White Glove Addition, an addition to the City
of Coppell, Dallas County, Texas, according to the plat filed in Volume 97198, Page 2532, Plat
Records of Dallas County, Texas, said 0 0293 of an acre of land being more particularly described
by metes and bounds as follows:
BEGINNING at a' /i inch iron rod set with plastic cap stamped "Landes & Assoc." at the northeast
corner of said Lot 1 R, also being the northwest comer of Block A, Braewood West Addition, an
addition to the City of Coppell, Dallas County, Texas, according to the plat filed in Volume 80153,
Page 53, Plat Records of Dallas County, Texas;
THENCE S 00 °3602" W, along the common line of said Lot IR and said Block A, 77 61 feet;
THENCE N 89 °59'09" W, leaving said line, 56.92 feet;
THEN N 00 °04`37" E, 10 00 feet;
THENCE S 89 °5909" E, 47 01 feet;
THENCE N 00 °36'02" E, 73 74 feet to the northeasterly line of said Lot i R,
THENCE S 58° 19' 18" E along said line. 11 68 feet to the POINT OF BEGINNING and containing
0 0293 of an acre of land
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Lot 1R, Block A, White Glove Addition, an Addition to the City of Coppell, Dallas
County, Texas
11: a
Lot 1R2, Block A, White Glove Addition, an Addition to the City of Coppell, Dallas
County, Texas
_ FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
OF," Cynthia Figueroa Calhoun, County Clerk
Dallas County TEXAS
September 28, 2006 03 47 24 PM
FEE $40 00 2W *361900