DR8801-CN 881025CONTRACT IN RESPECT OF GRANT OF EASEMENTS AND ESCROW DEPOSIT
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE pRESENTS:
THIS CONTRACT IN RESPECT OF GRANT OF EASEMENTS AND ESCROW
DEPOSIT (hereinafter referred to as the "Agreement") is entered into as of the
day of ~ , 1988, by and among THE CITY OF COPPELL, TEXAS, an
incorporated home rule city situated in Dallas County, Texas (hereinafter referred to
MINYARD FOOD STORES, INC., a Texas corporation, and MINYARD
as "Coppell"),
PROPERTIES,
"M inyard").
INC., a Texas corporation (hereinafter collectively referred to as
W ITN ESSETH:
Recitals
WHEREAS, Coppell, in cooperation with Minyard, and in compliance with the
laws of the State of Texas, the City Charter of the City of Coppell, Texas, and its
City ordinances, desires to obtain from Minyard the two street right-of-way dedications
and the three drainage easements, attached hereto as Exhibit "1" for the purpose of
constructing a drainage improvement and street improvements across the Minyard property
which is a part of two (2) larger tracts of land owned by Minyard (hereinafter referred
to as the "Minyard Property"); and
WHEREAS, Minyard has agreed to grant such easements (hereinafter referred to
as the "easements"), and has agreed to contribute to the cost of said drainage improvement
as provided for herein, provided that Coppell constructs said drainage improvement
substantially in accordance with the construction plans referred to in the letter attached
hereto as Exhibit "2" and provided Coppell complies with the provisions contained in
this Agreement and performs such agreements for the benefit of Minyard, and
WHEREAS. the estimated "total improvement cost" as that term is used herein
shall include the following:
Design Costs
Construction Costs
Administration Costs
Texting Costs
Total
$ 51,000.00
474,000.00
20,000.00
5,000.00
$550,000.00
Agreement
NOW, THEREFORE, for and in consideration of the mutual covenants herein
expressed, the parties agree as follows, to wit:
1. Contract and Contribution. Coppell will contract for and cause to be
performed the construction of the drainage improvement referred to in Exhibit "2"
(herein referred to as the '~drainage improvement"). Minyard agrees to pay as a
contribution toward the total improvement cost the difference between the total
improvement cost and Coppell's share of the total improvement cost (Coppell share
being $275,000.00. It is agreed that the maximum contribution by Minyard (,'Minyard
contribution") shall not be greater than $275,000.00, therefore, the total improvement
cost is expected to be $550,000.00. If the actual cost of the improvement exceeds
$550,000.00 Coppell is willing to increase its contribution. Minyard will place in escrow
with Coppell the sum of $275,000.00 to be used by CoppeLl to make payments against
the total improvement cost. Coppell will pay its share of each such payment based upon
a ratio of its estimated overall contribution of $275,000.00 to the estimated total
improvement cost of $550,000.00. Coppell's $275,000.00 contribution divided by the
estimated total improvement cost of $550,000.00 will be the ratio of progress payments
to be made by Coppell, the balance of the ratio to be paid from the escrow fund as
progress payments contributed by Minyard. It is understood and agreed that Coppell
has heretofore paid the sum of $51,045.00 for the design of the drainage
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improvement which makes up a part of the above mentioned total improvment cost. Any
of the escrow deposit, if any, remaining after payment of the total improvement cost
shah be returned to Minyard.
2. Escrow. The escrow deposit containing the Minyard contribution shall be
held by Coppell in an insured interest bearing account. All interest earned on the
Minyard contribution shall be paid to Minyard and shall not be applied toward the cost
of the work. Coppell shall monthly, or any other time at the request of Minyard,
provide Minyard with a report of all disbursements made from said escrow ~eposit.
Coppell agrees to cause the construction of the drainage improvement to be prosecuted
with reasonable diligence to final completion. If the Prime Contractor should default
under the construction contract, or otherwise abandon or cease the work, Coppel] shall
seek the appropriate remedies against the performance bond to cause the work to be
completed without de]ay. If construction of the drainage improvement is permanently
ceased or abandoned prior to completion, Minyard shall also have the right to cause
the work to be finished in accordance with this agreement, including the right to require
Coppe]l to contribute "Coppell's share" of the costs as stated above.
3. Coppell agrees that in exchange for said contribution and grant of easement,
M inyard shah have a right of setoff equal to its final monetary total contribution
against any future road improvement assessment imposed against the Minyard property
by Coppell, it being contemplated that road improvements will be done for Bethel Road,
including that portion of Bethel Road that runs adjacent to the northern boundary of
Minyard's property. In addition, Minyard shall have such setoff against any future
building or development fees or any other special assessment assessed by CoDpell against
the Minyard property until Minyard's contribution is fully paid through setoffo Such
right of setoff shall run with the land, and shall inure to the benefit of any purchaser
or successor of all or a portion of said Minyard property. Provided, however, the above
-3-
language notwithstanding, such right of setoff shall terminate on October 1, 1998, as
to any right of setoff not used before such date.
4. Coppell agrees to indemnify, save and hold Minyard harmless from such
assessments or fees which, though assessed by Coppell, will be considered as prepaid
by Minyard by virtue of Minyard's contribution made in connection with this Agreement.
It is understood and agreed by the parties that such setoff shall be only against
assessments, building, or development fees that Coppell may lawfully waive, and it is
further understood that Coppell may not, and this Agreement does not, contemplate the
waiver of or use of the setoff against any ad valorem property tax assessed against
the Minyard properties.
5. Coppel] agrees to protect Minyard's Property from Mechanic's and
Materia]men's liens by requiring the Contractor to provide a payment bond pursuant to
Article 5160, Vernon's Annotated Civil Statutes. Coppell further agrees to require the
Contractor to provide a performance bond pursuant to said statute which will provide
Minyard and Coppel] with protection against default or abandonment on the part of the
Contractor. Minyard will be named a dua! obligee on bonds prior to construction.
6. The setoff, as above mentioned, which will inure to the benefit of Minyard
pusuant to this Agreement, shall, for any setoffs occurring after February 1, 1989, be
equa! to the dollar amount of the final total Minyard contribution (not including interest
earned thereon), as price levei adjusted upward from the date of the payment by Minyard
into escrow of the Minyard contribution until the dates of setoff at the rate of the
higher of (i) five percent (5%) interest compounded annually, or (ii) in accordance with
the Consumer Price Index (all urban consumers 1982-1984 equals 100), or such other
suitable cost of funds index as may be agreed upon by the parties at the time of said
setoff. Such right of setoff shall remain in effect until recouped in full as set out
herein or until Octboer 1, 1998. Setoffs which occur prior to February 1, 1989, shall
not be price level adjusted.
-4-
7. Hold Harmless. Any approval or approvals of this contract or the plans
and specifications under the contract shall not be deemed an endorsement or approval
by Minyard as to the adequacy or safety of the work performed thereunder. Coppell
will defend, indemnify, and hold Minyard harmless from any liabilities for property
damage or personal injury or claims thereof against Minyard arising out of work performed
under the contract.
8. This agreement shall be binding upon, and shall inure to the benefit of
the successors and/or assigns of the parties, including future city governments of the
City of Coppell.
EXECUTED this ~~z/ day of , 1988.
CK88-0927
CITY OF COPPELL, TEXAS
MINYARD ~OI~ERT~S,/ INC.
Bob L. Minnie, Chairman
of the Exeeu~d~e Committee
M IN y A RD-~FOD D~ S TO.R/E~, INC.
By: ("l~ob L. ~ihyba'~, Cha' an
of the Exeeut~e Committee
-5-
EXHIBIT 1
WATER LINE EASEMENT DEDICATivN
STATE OF TEXAS
cOUNTY OF DALLAS
THAT MINYARD
(hereinafter called
KNOW ALL PERSONS BY THESE PRESENTS:
FOOD STORES, INC., a Texas corporation
"Grantor"), for and in consideration of the
sum of Ten Dollars ($10.00) to Grantor in hand paid by the city
municipal corporation of Dallas County, Texas, --
of Coppell, acalled "Grantee"), and other good and valuablef~
(hereinafter ~-~ ..... :-~ ~nd ~uffici=n~i~h' ~/'e-~Y~
consideration, ......... ~ ~
a~~,has GRANTED, SOLD AND CONVEYED, and by these
presents does GR3~NT, SELL AND CONVEY unto Grantee a nonexclusive
utility easement for the purpose cf locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing a water line, upon that certain tract of land more
particularly described on Exhibits "A" and "B" attached hereto
and made a part hereof for all purposes (hereinafter sometimes
collectively called the "Easement Strip"). Nothing contained
herein shall grant, or be construed to grant, Grantee the right
to use the Easement Strip for any purpose other than for the
purposes set forth herein.
TO HAVE AND TO HOLD the above described easement, together
with all and singular the rights and appurtenances thereto in
. · rantee its successors and assigns
anywise belonging unt~ G ~ __~ ~ rantor and Grantor's
forever; and Grantor ~oes ner~ ~.~ G ~ . ~
successors and assigns to WARRANT AND FOREVER DEFEND ail slngu~
the said easement unto the said Grantee, and its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through and under
Grantor, but not otherwise.
This easement is granted, and accepted, subject to all
encumbrances, liens, and other matters (i) of record in Dallas
County, Texas, and/or (ii) visible and on the ground or that a
correct survey would reveal, to the full extent same exist and
affect the easement herein granted.
Any consideration initially paid to Grantor by Grantee in
connection with the execution of this agreement is solely for the
grant of the easement herein granted and for damages necessarily
caused to the surface of Grantor's lands within the Easement
Strip in connection with the initial construction of the water
line and does not cover any damages which may accrue to Grantor's
other lands from time to time by reason of the construction,
operation, maintenance, repair, alteration, and or servicing of
the water line or any other damages incurred from time to time,
and Grantee shall pay and agrees to pay Grantor any and all other
such damages promptly as they may accrue.
· Upon completion of the construction and installation of the
. e Grantee shall (i) repair all damage to any
water lin , ..... e to substantially
on the land an~ restore ~L, . ~
improvements up ....... ut reasonable practlcab£e
~h~r prior condition to the iui~ ~xu=-- -~ ~- ~nd covered by
.... · f u the surface o~ ~ ~
and (11) restore and clean P ·
the Easement Strip and any land adjacent thereto to substantially
its prior condition to the full extent reasonably practicable.
Grantee hereby agrees to indemnify and hold Grantor harmless from
all damages, claims, or causes of action which result from the
use by the Grantee of the easement granted herein.
Should it become necessary at any time subsequent to
completion of the water line for Grantee or its agents to enter
upon the Easement Strip for the purposes of maintaining,
repairing, altering, relocating, and/or removing the water line
as permitted hereunder, Grantee shall, after each entry upon said
land, leave said land at the same level and condition that it was
in prior to such entry to the full extent reasonably practlcab, ;
and in the event that any such entry should cause or produce
damage to any improvements that may be situated on said land, or
cause or produce damages to the surface of the land or any other
lands of Grantor, Grantee shall promptly pay to Grantor any and
all damages that may be caused by reason of any such subsequent
entry.
Grantor expressly reserves unto itself and its successors
and assigns, the right to use and enjoy the land covered by the
Easement Strip for any purposes whatsoever, except insofar as
said use and enjoyment unreasonably interferes with the rights
hereby granted to Grantee.
All persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
permitted by Grantee, its employees, agents or contractors.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee an~ their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, agents and employees.
IN WITNESS WHEREOF,
this instrument is executed this
., 1988 ·
MINYARD FOOD STORES, INC.,
the
STATE OF TEXAS
COUNT~
This instrument was acknowledged before me on this
day of
of Minyard Food Stores/ Inc.,
CorpOration, on behal~ of said corporation.
a Tex~s
N'otary Public in and for the
State of Texas
My commission expires:
//- ~ -/~
Printed name of Notary:
KAREN 12. MASHBURN
MX Commissi~an E.x~?asl
AFTER FILING RETURN TO :
Ginn, Inc.
17103 Preston Road,
L.B. 118
Dallas, Texas 75248
Suite 100,
'sTATE OF TEXAS
COUNTY OF DALLAS
Being a tract of land in the S.A. F~ N,G. Railroad Company Survey,
Abstract No. 1439, City of Coppell, Oallas County, Texas and being part
of a 62.528 acre tract of land conveyed from Minyard Properties, Inc. to
Minyard Food Stores, Inc. by deed dated February 18, 1980, and recorded
in Volume 80037, Page 2327, Deed Records of Dallas County, Texas, and
being more particularly described as follows:
BEGINNING at an iron rod for a corner at the intersection of the South
line of Bethel Road (variable width) and the West line of Freeport
Parkway (70-feet wide), said corner being the Northeast corner of said
62.528 acre tract;
THENCE, South 0°02'17'' East with the West line of Freeport Parkway
198.0 feet to a stake for a corner;
THENCE, South 89057'43'' West, 12.0 feet' to a stake for a corner;
THENCE, North 0°02'17'' West, parallel with the West line of Freeport
Parkway 197.99 feet to a stake for a corner in the South line of Bethel
Road;
THENCE, North 89o54'43" East, with the South line of Bethel Road 12.0
feet to the POINT OF BEGINNING and containing 2,376.0 square feet of
land.
EXHIBIT
FREEPORT
(70'
R.O.W)
PKWY
SCALE
I":
bJ
ld
SET
I.I
£
__POINT OF
BEGINNING
~N 8
12.O'
S 0'02' I ?"E
I B 8.0'
0.05.4 Ac. 2,376 Sq. Ft.
N 0"02' I 7"W 197.99'
~- R.O. W:
80037 ,
6 2.528
FOOD STORES, INC.
PG. 2 327 D.R.D.C.T.
AC.
EXHIBIT "B"
I~Shazo, Sturek & 'Fang, Inc.
Engineers · Planners
330 Union Station ·
Dallas, Texas 75202
214/748-6740
86~44.11
DRAINAGE EASEMENT DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS
THAT MINYARD
(hereinafter called
KNOW ALL PERSONS BY THESE PRESENTS:
PROPERTIES, INC. a Texas corporation
"Grantor"), for and in consideration of the
sum of Ten Dollars ($10.00) to Grantor in hand paid by the City
of Coppell a municipal corporation of Dallas County, Texas,
' ,, . ~ ,, and other good and valuable~
led Grantee ) . . . . . - ~: ..... ~---b-' -
(hereinafter cal _ _: ..... ~e~ -*.~" ~ ...... ~
consideration, ~-~,e ..... ~ .......... ~-YLf ........ and by these--
~ has GRANTED, SOLD AND uum¥~x~u,
presents does GRANT, SELL AND CONVEY unto Grantee a nonexclusive
drainage easement for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing a storm sewer system (hereinafter called ,,Sewer"), upon
that certain tract of land more particularly described on
Exhibits "A" and "B" attached hereto and made a part hereof for
all purposes (hereinafter sometimes collectively called the
"Easement Strip"). Nothing contained herein shall grant, or be
construed to grant, Grantee the right to use the Easement Strip
for any purpose other than for the purposes set forth herein.
TO HAVE AND TO HOLD the above described easement, together
' ular the rights and appurtenances theret~ in
with all and s~ng - : ....... essors and assigns
forever' and Grantor moes n~=~ ~ _ ..... ~WD all singular
sucCessJrs and assigns to WARRANT AND FO~nv~ m~ .... and
the said easement unto the said Grantee, and its successors
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through and under
Grantor, but not otherwise.
This easement is granted, and accepted, subject to all
encumbrances, liens, and other matters (i) of record in Dallas
County, Texas, and/or (ii) visible and on the ground or that a
correct survey would reveal, to the full extent same exist and
affect the easement herein granted.
Any consideration initially paid to Grantor by Grantee in
connection with the execution of this agreement is solely for the
grant of the easement herein granted and for damages necessarily
caused to the surface of Grantor'S lands within the Easement
Strip in connection with the initial constructio~ of the Se~er
and does not cover any damages which may accrue to Grantor's
other lands from time to time by reason of the construction,
operation, maintenance, repair, alteration, and cr servicing of
the Sewer or any other damages incurred from time to time, and
Grantee shall pay and agrees to pay Grantor any and all other
such damages promptly as they may accrue.
· m letion of the construction and installation of the
· Upon co p . .. ~ ~ ~ ~nv improvements
Sewer, Grantee sh~ll (·) P -- ~- substantially their prior
e land and restore sam~ ~u
upon th ......... ~e ~racticable and
o the full exten= rea~u~*
condition ~ ....... ~ce of the land covered by ~e
restore an~ clean up Lne
Easement Strip and any land adjacent thereto to substantially its
prior condition to the full extent reasonably practicable.
Grantee hereby agrees to indemnify and hold Grantor harmless from
all damages, claims, or causes of action which result from the
use by the Grantee of the easement granted herein.
Should it become necessary at any time subsequent to
completion of the Sewer for Grantee or its agents to enter upon
the Easement Strip for the purposes of maintaining, repairing,
altering, relocating, and/or removing the Sewer as permitted
hereunder, Grantee shall, after each entry upon said land, leave
said land at the same level and condition that it was in prior to
such entry to the full extent reasonably practicable; and in the
event that any such entry should cause or produce damage to any
improvements that may be situated on said land, or cause or
produce damages to the surface of the land or any other lands of
Grantor, Grantee shall promptly pay to Grantor any and all
damages that may be caused by reason of any such subsequent
entry.
Grantor expressly reserves unto itself and its successors
and assigns, the right to use and enjoy the land covered by the
Easement Strip for any purposes whatsoever, except insofar as
said use and enjoyment unreasonably interferes with the rights
hereby granted to Grantee.
All persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
'permitted by Grantee, its employees, agents or contractors.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, agents and employees.
· ' IN WITNESS WHEREOF,
~1 ~ ~'- day
this instrument is executed this the
., 1988.
MINYARD PROPERT~IES, INC.
STATE OF TEXAS
COUNTY OF -DC I t
This instrument was acknowledged before me on this ~
day of OC~O~ ~ , 1988, by ~ ~, ~'~rx~c~ "
(2[\Cn~ ~e~. CQ~ ~ of Minyard Properties, Inc. a Tex~s
corporation, on behalf of ~aid corporation.
Notary Public in and for the
State of Texas
My commission expires:
Printed name of Notary:
KA~N L. N~5HBU~N
~ ~gmmi~ion ~xpir~:
AFTER FILING RETURN TO :
Ginn, Inc.
17103 Preston Rd.,
Dallas, TX 75248
Suite 100
DRAINAGE EASEMENT
MINYARD PROPERTIES, INC.
Being a twenty-five foot drainage easement in the S.A. & N.G. Railroad
Company Survey, Abstract No. 1435, City of Coppell, Dallas County, Texas
and being part of a 17.471 acre tract of land conveyed to Minyard
Properties, Inc. by deed and recorded in Volume 84146, Page 2788, Deed
Records of Dallas County, Texas and being more particularly described as
follows~.
Beginning at a corner on the west line of said 17.471 acre tract and the
East line of a 74.741 acre tract of land conveyed to United States Postal
Service by deed recorded in Volume 87108, Page 3399, Deed Records of
Dallas County, Texas, said beginning point being South 00°15'12'' West
22.62 feet from an iron rod at the northwest corner of said 17.471 acre
tract and being 55 feet south of the center line of Bethel Road;
THENCE, South $1°33'26" East parallel with the centerline of Bethel Road
315.97 feet to a corner and the point of curvature of a non-tangent curve
to the~left having a central angle of 02'14'34", a radius of 1,965.08 feet
and a long chord of South 82040'43'' East 76.92 feet;
THENCE, in a southeasterly direction with said curve and being 55 feet
south of and concentric with the center line of Bethel Road 76.92 feet to
a corner on the East line of said 17.471 acre tract and on the West line
of a 62.528 acre tract of land conveyed to Minyard Regional Distribution
Center by deed recorded in Volume 80037, Page 2327, Deed Records of
Dallas County, Texas, said corner being South 00°15'12'' West 30.96 feet
from the northeast corner of said 17.481 acre tract and being 55 feet
south of the centerline of Bethel Road;
THENCE, South 00°15'12'' West with the east line of said 17'.471 acre
tract and the west line of said 62.528 acre tract 25.13 feet'S6 a coi~ner
being 80 feet from the east line of Bethel Road and the point of
curvature of a non-tangent curve to the right having a central angle of
02'19'04'', a radius of 1,990.08 feet and a long chord of north 82°42'58''
west 80.50 feet; ' ·
· THENCE, in a northwesterly direction with said curve and concentric with
the Centerline of I~ethel Road 80.50 feet to a corner and the point of
tangency of said cuirve;
THENCE, North 81~33'26'' West 80 feet from and parallel with the center-
'line of Bethel Road 282.01 feet to a corner;
Tt~I'ENCE, South 59025'24" West 35.00 feet to a corner on the west line of
said 17.471 acre tract and the east line of said 74.741 acre tract;
THENCE, North 00°15'12" East with said line 47.52 feet to the POINT OF
BEGINNING and containing 0.233 acres of land computed.
EXHIBIT "A"
United Stoles
Postal S.fvice
A: 2= 14'34'
R = 1965.08'
.~~~'~' ~4;I. I::3 ~ ~ / T = 3,8.48'
~ . ~ C r H E L - /L .= 76.92' ., ,,
'"~- - I ~-:~Y t . ~z .
POINT OF ~ J~ . ~-- ' '
~2° 19'04',
M nyard Properlies Inc.
17.471 Ac.
L = 80.50'
Lc=N 82¢'4
lBO. 50'
M inyord Regional
Distribulion Center
EXHIBIT "B"
D
~Sh.'~o, S~k & T~,, l~.
DRAINAGE EASEMENT
CITY OF' COPPELL
861§?.03 I"= 50' 8-11-88
S.A. ~ N,G. RAILROAD(-,
SURVEY ABST. 1435
)ALLAS COUNTY, TEXA
DRAINAGE EASEMENT DEDICATIO~
STATE OF TEXAS
cOUNTY OF DALLAS
THAT MINYARD
(hereinafter called
K~OW ALL PERSONS BY THESE PRESENTS:
FOOD STORES, INC. a Texas corporation
"Grantor"), for and in consideration of the
sum of Ten Dollars ($10.00) to Grantor in hand paid by the city
of Coppell, a municipal corporation of Dallas County, Texas,
(hereinafter called ,,Grantee"I, and other good and valuable ~
consideration, _~k..c rccai~t ~nd ~ufflcl~ncy of ........ a
~ has GRANTED, SOLD AND CONVEYED, and by thesu
presents does GRANT, SELL AND CONVEY unto Grantee a nonexclusive
drainage easement for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or
removing a storm sewer system (hereinafter called ,,Sewer"), upon
that certain tract of land more particularly described on
Exhibits "A" and "B" attached hereto and made a part hereof for
all purposes (hereinafter sometimes collectively called the
,'Easement Strip"). Nothing contained herein shall grant, or be
construed to grant, Grantee the right to use the Easement Strip
for any purpose other than for the purposes set forth herein.
TO HAVE AND TO HOLD the above described easement, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto Grantee, its successors and assigns
forever; and Grantor does hereby bind Grantor and Grantor's
successors and assigns to WARRANT AND FOREVER DEFEND all singular
the said easement unto the said Grantee, and its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through and under
Grantor, but not otherwise.
This easement is granted, and accepted, subject tc all
encumbrances, liens, and other matters (i) of record in Dallas
County, Texas, and/or (ii) visible and on the ground or that a
correct survey would reveal, to the full extent same exist and
a_fec~ the easement herein granted
Any consideration initially paid to Grantor bv Grantee in
connection with the execution of this agreement is s~lely for the
grant of the easement herein granted and for damages necessarily
caused to t~,a surface of Grantor's lands within the Easement
strip in connection with the initial construction of the Sewer
and does not cover any damages which may accrue to Grantor's
other lands from time to time by reason of the construction,
operation, maintenance, repair, alteration, and or servicing of
the Sewer or any other damages incurred from time to time, and
Grantee shall pay and agrees to pay Grantor any and all other
such damages promptly as they may accrue.
Upon completion of.the construction and installation of the
Sewer, Grantee shall (i) repair all damage to any improvements
upon the land and restore same to substantially their prior
condition to the full extent reasonable practicable and (ii)
restore and clean up the surface of the land covered by the
Easement Strip and any land adjacent thereto to substantially its
prior condition to the full extent reasonably practicable.
Grantee hereby agrees to indemnify and hold Grantor harmless from
all damages, claims, or causes of action which result from the
use by the Grantee of the easement granted herein.
Should it become necessary at any time subsequent to
completion of the Sewer for Grantee or its agents to enter upon
the Easement Strip for the purposes of maintaining, repairing,
altering, relocating, and/or removing the Sewer as permitted
hereunder, Grantee shall, after each entry upon said land, leave
said land at the same level and condition that it was in prior to
such entry to the full extent reasonably practicable; and in the
event that any such entry should cause or produce damage to any
improvements that may be situated on said land, or cause or
produce da~,ages to the surface of the land or any other lands of
Grantor, Grantee shall promptly pay to Grantor any and all
damages that may be caused by reason of any such subsequent
entry.
Grantor expressly reserves unto itself and its successors
and assigns, the right to use and enjoy the land covered by the
Easement Strip for any purposes whatsoever, except insofar as
said use and enjoyment unreasonably interferes with the rights
hereby granted to Grantee.
All persons entering upon the Easement Strip under this
grant shall confine themselves to the operations and purposes
contemplated herein, and no trespassing or other uses shall be
~ermitted by Grantee, its employees, agents or contractors.
It is understood and agreed that this agreement is an
easement only and in no way grants or conveys any part of the
underlying fee simple estate cf any lands owned by Grantor.
This agreement and all of the terms, provisions and
obligations hereof shall be covenants running with the land
affected thereby and shall inure to the benefit of and be binding
upon Grantor and Grantee and their respective successors and
assigns. Grantee's rights hereunder may also be exercised, at
Grantee's option, by Grantee's contractors, agents and employees.
IN WITNESS WHEREOF, this instrument is executed this the
~-~lay of O ~Q~-~ _, 1988.
MINYARD FOOD STORES, INC.
a Tex~~atiOn
STATE OF TEXAS
cOUNTY OF ~dLl~a--S
This instrument was acknowledqed before ,me on this ~- _
day of ~C~_~ , 1988, by ~ L. ~f%~n~ -,
Ck~ ~c. (o~,~~- of Miny~rd Food StoreS, Inc. a Tex~s
~orp~ration, on behalf of said corporation.
Notary Public in and for the
State of Texas
My co,nu~ission expires:
Printed name of Notary:
~,,PJ~t I.. MASHBURN
AFTER FILING RETURN TO :
Ginn, Inc.
17103 Preston Rd., Suite 100
Dallas, TX 75248
DRAINAGE EASEMENT
MINYARD REGIONAL DISTRIBUTION cENTER
Being a twenty-five foot drainage easement in the S.A. & N.G. Railroad
Survey. Abstract No. 1~35, City of Coppell, Dallas County, Texas and
being part of a 62.528 acre tract of land conveyed to Minyard Regional
· ibut on Center by deed and recorded in Volume 80037, page 2327,
described as follows:
Beginning at a corner on the west line of Freeport parkway 170-foot
wide) South 00°02'17' East 27.00 feet from the most~ easterly northeast
corner of said 62.528 acre tract and being 66.87 feet from the cente~' line
of Betl~el Road;
THENCE, South 00°02'17'' East with the west line of Freeport parkway
23.00 feet to a corner;
THENCE, North 68°35'1~'' west 27.00 feet to a corner, said corner being
80.00 feet' from the centerline of Bethel Road;
THENCE, South 8S°58'24'' West parallel with the centerline of Bethel Road
1,221.95 feet to a corner and the point of curvature of a non-tangent
curve to the right having a central angle of 06008'55'', a radius of
1,990.08 and a long chord of North 86°56'58'' west 213.46 feet;
THENCE, in a northwesterly direction with said curve and concentric with
the centerline of Bethel Road 213.57 feet to a corner on the west line of
said 62,528 acre tract and on the east line of a 17.471 acre tract of land
conveyed to Minyard Properties, Inc. by deed and recorded in Volume
84146, Page 2788, Deed Records of Dallas County, Texas;
THENCE, North 00°15'12'' East with the west line of said 62.528 acre
tract and the east line of said 17.471 acre tract 25.13 feet to a Corner,
said corner being South 0O°15'12'' west 11.25 feet from the most westerly
northwest corner of said 62.528 acre tract and being on a non-tangent
curve to the left having a central angle of 06°13'25''' a radius of 1,965'.08
feet and a long chord of South 86°54'~'3'' east 213.35 feet;
THENCE, in a northeasterly direction with said curve and being 55.00 feet
from and concentric with the centerline of Bethel Road 213.45.feet to a
corner and the point of tangency of said curve;
THENCE, North 89°58'24'' East parallel with the centerline of Bethel Road
1,228-66 feet to a corner, said corner being 55.00 feet from the centerline
of Bethel Road;
THENCE, South 57°22'42'' East 22.00 feet to the pOINT OF BEGINNING
and containing 0.839 acres of land computed-
EXHIBIT "A"
N 0°15' 12" 25.13'
Minyard
Properties
Inc.
b'- 6013'25''
R : 1965.08'
,T = 106.83' L : 213.45'
Lc = S 86054'4~''E
213,.55'
BETHEL
PROP. R.O.W. LINE
0.839 AC. (Total)
R -' 1990.08
T = 106, .89'
L -'- 21:5.57'
Lc= N 86°56'58"w
21:5.46'
ROAD
N B9° 58'24TM
~EXI~T. Il.
S 89° 58' 24" W
Minyard Regional Distribution
62.528 Ac.
Center
PROP R.O.W. LINE , I /,,...-EXIST. Il. ' 5 57°22',42'E
- - 22.00 ~ rJJ~.
-
-- nc. (_Totoll 'l'~
O. 839 ~
B° 55',~'
27.00
o>-:
" ' ..............
~ 23.00
Minyord Regional Distribution
62,528 Ac.
Center
EXHIBIT "B"
D
~Shazo, Starek & Tang, In~.
Enllne~r'~.
~ Un~ S~tl~ · D~, Tern 75202 ·
DRAINAGE EASEMENT .A. & N G. RAILROAD C~
CITY ' OF COPPELL SURVEY ABST.
88157,05 mo0' -11-88 )ALLAS COUNTY, TEXA~
STREET RIGHT-OF-WAY DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS KNOW ALL PERSONS BY TtlESE PRESENTS:
THAT MINYARD FOOD STORES INC., a Texas corporation (hereinafter called
"Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) to Grantor in
hand paid by the City of Coppell, a municipal corporation of Dallas County, Texas,
(hereinafter called "Grantee"), and other good and valuable consideration, has GRANTED,
SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto
Grantee Street Right-Of-Way Dedication for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or removing a street for public use
(hereinafter called "Street"), upon that certain tract of land more particularly described
on Exhibits "A" and "B" attached hereto and made a part hereof for all purposes
(hereinafter sometimes collectively called the .Right-Of-Way").
TO HAVE AND TO HOLD the above described Street Right-Of-Way, together with
all and singular the rights and appurtenances thereto in anywise belonging unto Grantee,
its successors and assigns, forever; and Grantor does hereby bind Grantor and Grantor's
succcssors and assigns to WARRANT AND FOREVER DEFEND all singular the said
dedicated right-of-way unto the said Grantee, and its successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof,
by, through and under Grantor, but not otherwise.
This right-of-way is granted, and accepted, subject to all encumbrances, liens,
'and other matters (i) of record in Dallas County, TexaS, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent the same exist and
affect the right-of-way herein granted.
This agreement and ali of the terms, provisions and obligations hereof shall be
covenants running with the land affected thereby and shall inure to the benefit of and
be binding upon Grantor and Grantee and their respective successors and assigns.
IN WITNESS
WHEREOF, this
, 1988.
instrument is executed this the ~-~-~-day of
MINYARD FOOD STORES INC.,
a Texas corporation
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on this ~-'{'~t.~- day of
~Otl,,~,z~-~ of Minyard Food Stores Ina., a ~exas corporation, on
b~'hMf' of-s~id corporation,
Notary Public in and for the a of Texas
My commission expires:
Printed name of Notary:
KAREN L MASHBUP-N
~y Cnmmi~slofl ExD|rest
AFTER FILING RETURN TO:
Ginn, Inc.
17103 Preston Road, Suite 100,
L.B. 118
Dallas, Texas 75248
RIGHT-OF-WAY
MINYARD REGIONAL DISTRIBUTION CENTER
Being a tract of land for right-of-way purposes in the S.A. ~, N.G. Railroad
Company Survey, Abstract No. 1435, City of Coppell, Dallas County, Texas
and being part of Bethel Road presently used for roadway purposes and
being part of a 62.528 acre tract of land conveyed to Minyard Regional
Oistribution Center by deed' recorded in Volume 80037, Page 2327, Oeed
Records of Dallas County, Texas and being more particularly des;ribed as
follows: ,.
Beginning at a corner on the present center line of' Bethel Road~'. North ..
00°15'12:' East 44.09 feet from an iron rod at the most westerly northwest
corner of. said 62.528 acre tract being on a non-tangent curve to the left'
having a ~entral angle of 06°23'54", a radius of 1,910.08 feet and a long
chord of south 86o49'28" East 213.18 feet;
THENCE, in a northeasterly direction with said curve and with the present
center I ne.gf Bethel Road 213.29 feet to a nail and the point of tangency
of said curve;
THENCE, North 89°58'2~'' East with the present center line of Bethel Road
185.32 feet to a corner;
THENCE, South 00°22'47'' East 40.97 feet to a corner on the north line of
said 62.528 acre tract;
THENCE, North 89°54'143" East with the north line of said 62.528 acre tract
489.11 feet to a corner;
THENCE, North 00°05'17'' West 40.46 feet to a corner on the present center
line of Bethel Road; :
THENCE, North 89058'24'' East with the present center line of Bethel Road
270.00 feet to a corner;
THENCE, South 00°05'17'' East, 40.18 feet to a corner on the north line of
said 62.528 acre tract;
THENCE, North 89054'43'' East with the north line of said 62.528 acre tract
302.40 feet to an iron rod found for corner on the west line of Freeport
Parkway;
THENCE, South 00°02'17'' East 27.00 feet to a corner;
THENCE, with the proposed south line of Bethel Road as follows:
North 57022'42" West 22.00 feet to a corner;
EXHIBIT "A"
South 89°58.24'' West 1,228.56 feet to a corner and the point of
curvature of a non-tangent curve to the right having a central angle
of 06°13'25'', a radius of 1,965.08 feet and a long chord of North
86o54'43'' West 213.35 feet;
In a northwesterly direction with said curve 213.45 feet to a
corner on the west line of said 62,528 acre tract;
THENCE, North 00°15'12" East with said west line 55.31 feet to,-
the POINT OF BEGINNING and containing 1.111 acres of land
including 0.37 acres of land in the present roadway.
EXHIBIT "A"
POINT OF
BEGINN'ING
',4,,, 2 4.~,6"
55. $i° ~ FAR
i 1.25~--.~''
~ · 6025'54"
R z 9 0.08'
]' = 106.76
,
/ · 213.29 , .
LC= S86049 28 E
I/Fnd. P/K
Minyord Regional Distribution Canter
62.5?.8 Ac.
Fi 0° 05'17"W--
40.46'
,,~°~.'~,"~ z?o.oo' BETHEL ROAD F.d. P/,<0.~
z I. dX: ~,.? :'
- ~o.~8'~8~0~.~"~ ~ ~.~o'
~" 6 o , . J. 7~ ....... ~-I~.
·· 2Z.O0' . :
',
M~nyord Regional Dtslribution Center" EXHIBIT"B"
62.528 Ac. ~ ~,~~.
STREET WIDEHING LA. ~ N G. RAILROAD CO.
CITY OF COPPEL~ SURVEY ABST.
~"" "~" '~' '~' .AS COUNTY, TEXAS
8BI57,05 I"= 100'
STREET RIGHT-OF-WAY DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL PERSONS BY THESE PRESENTS:
THAT MINYARD PROPERTIES INC., a Texas corporation (hereinafter called
"Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) to Grantor in
hand paid by the City of Coppell, a municipal corporation of Dallas County, Texas,
(hereinafter called "Grantee"), and other good and valuable consideration, has GRANTED,
SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONyEY unto
Grantee Street Right-Of-Way Dedication for the purpose of locating, constructing,
placing, repairing, maintaining, replacing, relocating or removing a street for public use
(hereinafter called "Street"), upon that certain tract of land more particularly described
on Exhibits "A" and "B" attached hereto and made a part hereof for all purposes
(hereinafter sometimes collectively called the "Right-Of-Way").
TO HAVE AND TO HOLD the above described Street Right-Of-Way, together with
all and singular the rights and appurtenances thereto in anywise belonging unto Grantee,
its successors and assigns, forever; and Grantor does hereby bind Grantor and Grantor's
§uccessors and assigns to WARRANT AND FOREVER DEFEND all singular the said
dedicated right-of-way unto the said Grantee, and its successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof,
by, through and under Grantor, but not otherwise.
This right-of-way is granted, and accepted, subject to all encumbrances, liens,
and other matters (i) of record in Dallas County, Texas, and/or (ii) visible and on the
ground or that a correct survey would reveal, to the full extent the same exist and
affect the right-of-way herein granted.
This agreement and all of the terms, provisions and obligations hereof shall be
covenants running with the land affected thereby and shall inure to the benefit of and
be binding upon Grantor and Grantee and their respective successors and assigns.
IN WITNESS
WHEREOF,
, 1988.
this instrument is executed this the ~.~l~)----day of
MINYARD PROPERTIES INC.,
a Texas corporation
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on this ~--~.._~ day of
C'~.<'r+. ~'-~,~_. ~_<-),.~,-~,-~---~_ of Minyard Properties Inc., aITexas corporation, on
behalf' of said corporation.
Notary Public in and for the State of Texas
My commission expires:
II-
Printed name of Notary:
KAREN L MASHI~LJP. N
AFTER FILING RETURN TO:
Ginn, Inc.
17103 Preston Road, Suite :100,
L.B. 118
Dallas, Texas 75248
RIGHT-OF-WAY
MINYARD PROPERTIES, INC.
Being a tract of land for right-of-way purposes in the S.A. ~. N.G. Railroad
Company Survey, Abstract No. 1435, City of Coppell, Dallas County, Texas
and being part of Bethel Road presently used for roadway purposes and
being part of a 17.471 acre tract of land conveyed to Minyard Properties,
Inc. by deed recorded in Volume 84146, Page 2788, Deed Records of Dallas
County, Texas and being more particularly described as follows:
Beginning at a corner on the present center line of Bethel Road. Said
corner being North 00°15'12'' East 32.9LI feet from the northwest corner of
said 17.471 acre tract;
THENCE, South 81o33'26'' East with the present center line of Bethel Road
323.90 feet to a nail and the point of curvature of a non-tangent curve to
the left having a central angle of 02004'06'', a radius of 1,910.08 feet and a
long chord of South 82035'29'' East 68.95 feet;
THENCE, in a southeasterly direction with said curve and with the present
center line of Bethel Road 68.95 feet to a corner;
THENCE, South 00°15'12'' West at 24.38 feet to an iron rod for the north-
east corner of said 17.471 acre tract and continuing a total distance of
55.31 feet to a corner, said corner being on a non-tangent curve to the
right having a central angle of 02014'34.', a radius of 1,965.08 feet and a
long chord of North 82040'43" west 76.92 feet;
THENCE, in a northwesterly direction with said curve and with the
proposed south line of Bethel Road 76.92 feet to a corner and the point of
tangency of said curve;
THENCE, North 81°33'26'' West with the proposed south line of Bethel Road
315.97 feet to a corner on the west line of said 17.471 acre tract;
THENCE, North 00°15'12'' East along said line 55.56 feet to the POINT OF
BEGINNING and containing 0.496 acres of land including 0,250 acres of land
in the present roadway.
EXHIBIT "A"
United
Potlal
St ores _?, : 2Ol4' ~,4"
Service R
T ~ 38.4e-
L.~ 76.92'
_ Lc~ N 82
Mlnyard Properties Inc,
17. 4TI Ac.
~ S OelS'l~- W
Minyard Regional
Distribution Center
EXHIBIT"B"
88157.03 I": 50' 8-16-98
EXHIBIT 2