PD129R-ES 920804DEDICATION OF
UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS:
That The Parks of Coppell Trust ("Grantor"), acting by and through its
Trustee, for and in consideration of the sum of One and No/100 Dollars
($1.00) and other good and valuable consideration in hand paid by the City of
Coppell, Texas ("Grantee"), the receipt and sufficiency of which is hereby
acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED unto
Grantee, and does by these presents GRANT, BARGAIN, SELL AND CONVEY unto
Grantee, the free and uninterrupted use, liberty and privilege of passage in,
under, along, upon and across that certain land located in the City of
Coppell, Dallas County, Texas, owned by Grantor described by metes and bounds
on attached Annex A and depicted on attached Annex B, both attached Annex A
and attached Annex B being incorporated herein by reference for all purposes
(the "Easement Area"), for the purpose of locating, constructing, placing,
connecting to, using, operating, repairing, maintaining, replacing,
relocating and removing utility lines and improvements, including, withou~
limitation, electrical, gas, telephone, telecommunications, sanitary sewer
and storm sewer lines and improvements (the "Easement").
TO HAVE AND TO HOLD the Easement, together with all and singular the
rights and appurtenances thereto in any wise belonging unto Grantee and
Grantee's successors and assigns forever.
Notwithstanding anything to the contrary contained herein, Grantor
hereby expressly reserves unto Grantor and Grantor's successors and assigns
the right to use and enjoy the Easement Area for any purposes which do not
unreasonably interfere with the rights granted to Grantee herein, including,
without limitation, the right to: (i) grant or dedicate additional easements
or rights-of-way in, under, along, upon and across the Easement Area; and
(ii) locate, construct, place, repair, maintain, replace, relocate and remove
in, under, along, upon and across the Easement Area roads, streets, alleys,
driveways, walkways, passageways, utility improvements, parking improvements,
lighting improvements, fences, signs and landscaping.
Notwithstanding anything to the contrary contained herein, Grantor
further hereby expressly reserves the right to relocate the Easement Area and
any easement improvements then existing thereon if such relocation is
necessary to permit or facilitate development of Grantor's lands adjacent to
the Easement Area, but all costs of any such relocation must be paid by
Grantor and any such relocation must be approved in advance by Grantee, which
approval will not be unreasonably withheld or delayed.
Notwithstanding anything to the contrary contained herein, it is
understood and agreed that this instrument creates an easement only and in no
way grants, conveys or dedicates to Grantee any part of the underlying fee
simple estate of Grantor in or to the Easement Area. The Easement shall
terminate, without suit or remedy, when Grantee abandons the Easement.
The Easement is being created in part to facilitate the development of
lands owned by The Parks of Coppell Trust ("Trust") to the west and north of
the Easement Area. Trust shall have the right to locate, construct, place,
connect to, use, operate, repair, maintain, replace, relocate and remove
utility lines and improvements in the Easement Area to facilitate development
of such lands. Notwithstanding anything to the contrary contained herein,
the Easement shall not terminate or be terminated without the written consent
of Trgst for a period of ten (10) years after the date hereof.
This instrument and all of the terms and provisions contained herein
shall be covenants running with the land and shall inure to the benefit of
and be binding upon Grantor and Grantee and'their respective successors and
assigns. At Grantee's option, Grantee's rights hereunder also may be
exercised by Grantee's employees, contractors, subcontractors and agents.
EXECUTED as of the 4th day of August, 1992.
THE PARKS OF COPPELL TRUST
By _ ~ Harr~ M. H~gr~ve
Trust%e
STATE OF TEXAS
COUNTY OF DALLAS
§
§
This instrument was acknowledged before me on August 4, 1992, by
Harry M. Hargrave, Trustee of The Parks of Coppell Trust on behalf of said
trust.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 4th day of August,
1992.
Notary ~DI~c'~ ia and for --'
the,~t~ate of Texas ,
NOTARY PUBLIC
- 2 -
After filing, please return to:
Richard M. Dooley
Jackson & Walker, L.L.P.
901 Main Street, Suite 6000
Dallas, Texas 75202
RMD/223695/D
ANNEX A
BEING a 25
& M.G.R.R. Surve
and being part
Good Financial
recorded in Volum~
County, Texas and
COMMENCING
line of Parkway
line of Heartz R,
line of ~eartz
74°14'42'' E., 3
right having a ce
DRAINAGE AND UTILITY EASEMENT
eot wide strip of land situated in the S.A.
, Abstract No. 7430 in Dallas County, Tc~as
a tract of land as described in deed from
brporation to M. Douglas Adkins, Trustee, as
~ 76188, Page 2355 of the Deed Records of Dallas
being more particularly described as follows:
t a point of intersection of the southerly
Boulevard (an 88 foot R.O.W.) with the west
ad (a 60 foot R.O.W.); Thence along said wcst
~oad the following courses and distances; S.
.13 feet to the beginning of a curve to the
~tral angle of 21"56'42" and a radius of 179.09
feet; Thence 68
l°22'49'' E., 952.1
THENCE S.ofl
said west line
THENCE S.
line of Hesrtz Roi
THENCE
THENCE
THENCE N.
THENCE N.
THENCE N.
BeGinning and co
land.
.~9 feet to the end of said curve; Thence S.
0 feet to the POINT OF BEGINNING;
:22'49" E~ 2§.00 feet continuing along the
~eartz R°ad to a point for corner;
~59'56" W., 289.56 feet leaving the said west
~d to a point for corner;
)0'58" E., 281.52 fmmt to a point for corner;
'59'02" W., 338.66 feet to a point for corner;
~2'49" W., 25.00 feet to a point for corner;
'59'02" E., 373.82 feet to a point for corner;
)0'58" W., 281.52 feet to a point for corner;
~8e59'02'' E., 314.40 ~eet to the Point of
~taining 0.522 acres (22,744 square feet) of
ANNEX B
./
DAN M. DOWDEY
16250 DALLA~ PARKWA'
( ?..14 I 951-0694
& ASSOCIATES , INC.
~ALLAS, , TEXAS T5248