DR8802-ES 920108STATE OF TEXAS §
§
COUN'FY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
THAT, Blake Svejkovsky and wife, Lisa Svejkovsky, known herein as GRANTORS,
of City of Coppell, Dallas County, Texas, in consideration of the sum of One and no/100
Dollars ($1.00) and other good and valuable consideration in hand paid by City of
Coppell, Texas, receipt of which is hereby acknowledged, do by these presents grant,
bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE") the free and
uninterrupted use, liberty and privilege of passage in, along, under, upon and across the
following described strip of property owned by GRANTORS for the purpose of
constructing and maintaining an underground drainage easement across Grantors' main
tract, 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
and upon and across said premises (the "easement strip") for the purpose of
AGGO1ElC
JZr!17 Ol.~fi~
constructing, making additions to, improvements on and repairs to said utility or any part
thereof.
Said easement strip being described in Exhibits "A" and "B" attached hereto and
being out of GRANTORS' main parcel of land referenced in Exhibit "A".
The GRANTORS further grant a temporary easement to GRANTEE, its agents and
employees, with necessary equipment, to enter upon and have access to the easement
strip over and across GRANTORS' main parcel for the express purpose of constructing,
making additions to, improvements on and repairs to said utility or any part thereof.
GRANTEE to use such route or routes as will cause the least practical damage and
inconvenience to GRANTORS and any such damages caused to GRANTORS' land shall
be restored as nearly as practicable to its original condition taking into consideration the
nature of the work being performed.
After construction of the underground easement has been completed or after any
entry for repairs or maintenance, GRANTEE shall return the surface area of the easement
strip to its original condition as nearly as practical taking into consideration the nature of
the work being performed. GRANTORS reserve the right to use and maintain the surface
of the easement strip for purposes which will not interfere with GRANTEE'S rights hereby
granted and agree that upon completion of the underground facility and restoration of the
surface, GRANTEE shall not be obligated for future maintenance and upkeep of the
surface area.
This easement is further conditioned on the following:
1. Granted for underground drainage pipe only as shown on construction
plans for Kay Street Drainage Improvements, prepared for the City of
Coppell by Carter & Burgess, Inc. a portion of page 3 being attached hereto
as Exhibit "C".
2. A temporary construction fence shall be used between the construction
area and the remaining portion of GRANTORS' property.
3. Upon completion of installation of the initial drainage pipe, (the "Project")
Grantee shall, during the earliest proper season, resod the easement area
with bermuda grass as a part of Grantee's obligation to return the surface
area of the easement strip to its original condition as nearly as practical
taking into consideration the nature of the work being performed.
4. Upon completion of installation of the project Grantee shall install an eight
foot white pine fence to replace the fence to be removed along the west
side of Grantors' property to match existing fences as nearly as practical
taking into consideration the nature of the work being performed.
5. The project shall be completed by the end of the working day on
F~r.~r ,/ , ~_~ , 1992. Once construction has started the project
'~0
shall be completed within ),Sd day an overrun penalty of $100.00 per
day shall be paid to Grantors b)/ Grantee for each day construction is
continued after the ;t0th day~r~
6. Grantee shall pay Grantors the sum of $25.00 for kennel boarding of
Grantors' pets for each day starting on the day Grantors' west fence is
taken down and ending on the day the new fence mentioned in 4 above is
completed.
7. All landscaping, other than the resoding with bermuda grass mentioned
JZOI7 01:57
above, is to be pursuant to agreements between Grantors and Fox &
Jacobs and shall not be a part of the conditions of this easement.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or
gns for the purposes aforesaid, the premises above described.
~XECU*ED th,s ~ ~ay of ~--~ ~.~ ~ V '~ , ~992.
!
Blake Svejk'o~sky, (,G_.~NTOR
~a'sa~Svejkovsky, ~NTO~
a,o
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~'~r~'-day of
~----T-~. v~ u ~ ¢.1 ' 1992, by Blake Svejkovsky.
NOTARY PUBL~I, State of Texas
My Commission Expires:
--~ ~TA~PUBLIC ~
STATE OF TE~S
COUNW OF DALES
This instrument was acknowledged before me on the ~7-J~r~day of
. ~'~"-- ~' K(,~[~ i~, 1992, by Lisa Svejkovsky.
NOTARY PUBLI~, State of Texas
My Commission Expires:
~ ~ Lg- q .~"-'~ (Type/Print Name of Notary)
CK91-1231 ; ~,.~.~.~,\ BECKY DAVIS
-~ {~.('~,~_~,1 NOTARY PUBLIC
~ ~,~ Stat[of Texas
dZril7
EXHIBIT 'A'
FIELD NOTES
FOR A
6 FOOT WIDE DRAINAGE EASEMENT
BEING 0.0176 acre~ of land sltualed ia the City of Co0pcll, Dallas County, Tex~ out of the J.W.
An~lcrson Sur~'y Abstrac~ No. 18 and being pa~ of I_~ 6, Block D, of Shadow~-i~-n~ E.q. ate~ F'~rst Incrcmcn~
as recorded in Volume 94110, Page 6?43, Dallas County Map R.~cords and being more particularly
de~rlbcd as follow~;
B~'~'-,GIN']'~ING at the Southwest corner of sa~d Lot 6, Block D;
THENCE North 00'37'06' East, a distance of 128.00 feet to a point in the soulh right-of-way of Spanish
Mor~ Drive,
THENCE alon~ Mid right-of-way South 89'22'54" East, a dlstanc~ of 6.00 feet;
THENCE leaving said right-of-way South 00'37'06' WcM, a distance of 12~.00 feel;
THENCE North 89'0o'~54' We.~ a distance of 6.00 feet to thc POINT OF BEGLN'NING and 0.0176 ac~c~
(768 square feet) of land more or less.
91302801.S02
$~oA/vISH AI05~ DRIVE ."
lo+Gl gW~. GW~. umJF_ 'A." LINE ?/~101~ TO BEGINNING
EXIST. I LJ~ET CONGTPUCTION.
fO
EXHIBIT "B"
~CARTER & BURGESS, INC.
ENGINEERS,, PLANNERS' StJRVEYOI~S
ELMBIK)O4~ ~141t,,'~ I M JilL 2:~1 ! DALLAS, T(XAS
1'3'14) 6]B-8~45 ~A~'TIK) 4;'14) ~6'1-~014