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Cpl HS 1P/FP-ES 890306DEDIOATION OF STORM DRAINAGE CHANNEL EASEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: That ABQ Development Corporation, a corporation duly organized and existing under the laws of the State of New Mexico ("Grantor"), does hereby dedicate to the City of Coppell, Dallas County, Texas ("Grantee"), for the use and benefit of the public and subject to the conditions and limitations contained herein, but without warranty of title, either express or implied, a nonexclusive easement for the purpose of locating, constructing, placing, repairing, maintaining, replacing, or removing a storm drainage system consisting of open earthen channels, concrete lined channels or enclosed underground drainage facilities (hereinafter called "Drainage System"), in, upon and across that certain strip of land more particularly described by metes and bounds on Exhibit "A" and shown on the sketch on Exhibit "B" attached hereto and made a part hereof for all purposes (hereinafter sometimes 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 al/ and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever. This easement is granted, and accepted, subject to all encumbrances, liens, covenants, conditions and other matters 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. Grantee agrees at all times to maintain in good con- dition and repair such Drainage System at no expense to Grantor. Further, Grantee agrees to pay Grantor promptly for all damages, if any, necessarily caused to Grantor's other lands from time to time by reason of the construction, operation, maintenance, repair, alteration, reconstruction, replacement and/or servicing of the Drainage System. Should it become necessary at any time for Grantee or its agents to enter upon the Easement Strip for the purposes of maintaining, repairing, altering, relocating, and/or removing the Drainage System as permitted hereunder, Grantee shall, after each entry upon said land, leave said land at the same level and con- dition 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 fences, gates, streets, road- ways, driveways, paving, landscaping or other improvements that may be situated on said land, or cause or produce damages to the surface of said 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 suc- cessors 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 interfere with the rights hereby granted to Grantee. Grantor specifically reserves, without limitation, the right (i) to grant or dedicate additional easements or rights-of-way upon or across the Easement Strip to such other persons or entities and for such purposes as Grantor may desire (ii) to provide public or private drainage facilities upon and across the Easement Strip, or to tie into or connect DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page Grantor's drainage facilities to the Drainage System, provided that, in all such cases, Grantee shall not be unreasonably disturbed nor shall there be any unreasonable interference in Grantee's use and enjoyment of the rights hereby granted to Grantee. Al/ 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. Grantee, by the acceptance and recording of th~s easement, hereby agrees to indemnify, defend and hold Grantor, its successors and assigns, harmless from and against any and all liab~lity, claims, damages, costs and expenses (including reasonable attorney's fees) arising from any and all construction, reconstruction, maintenance, operation, alteration, relocation, removal and other work performed by Grantee, its agents and employees or its contractors or subcontractors pursuant to its rights hereunder, unless caused solely by the negligence of Grantor. 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 easement shall terminate, without suit or reentry, when the use of said Drainage System thereon constructed ceases or when Grantee abandons said Drainage System. 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, subcontractors, agents and employees. IN WITNESS WHEREOF, this instrument is executed this the day of ~e~©[,-.- , 1989. ABQ DEVELOPMENT CORPORATION Stan Str~ckm~an, Senior Vice President STATE OF ~ ~x, co § COUNTY OF ~¢r~c,~.~l,'~ § This instrument was acknowledged before me on this I~*~ day of PA~¢~ , 1989, by Stan Strickman, Senior Vice President of ABQ Development, a New Mexico corporation, on behalf of said corporation. OFPICIAL SEAL EDNA PACHECO NOTARY PUBLIC - STATE OF NEW M~XIC0 Notary Bond Filed with Secretary_/~/of State My Commission Expires ~.//,/~/ - My commission expires: ~,c%. 7. /99/ J Notary Public in and for the grate of ~ na,~,~f~; Printed name of Notary: DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page 2 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Dedication of Storm Drainage Channel Easement dated , 1989, from ABQ Development Corporation to the City of Coppell, County of Dallas, State of Texas, has been duly accepted, subject to all terms and conditions contained therein, by resolution of the City Council adopted , 198 , and the City Council has consented to recordation of such Dedication of Storm Drainage Channel Easement by its duly authorized officer. DATED , 198 ATTEST: Mayor, City of Coppell Dallas County, Texas City Secretary, City of Coppell Dallas County, Texas STATE OF TEXAS § COUNTY OF .§ This instrument was acknowledged before me on this of , 1988, by Mayor of the C~ty of Coppell, Dallas County, Texas. day My commission expires: Notary Public in and for the State of Texas Printed name of Notary: After Filing Please Return To: ABQ Development Corporation c/o James W. Schell Law, Snakard & Gambill 3200 Texas American Bank Bldg. Fort Worth, Texas 76102 JWS/bw#95 Channel DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page 3 LEGAL DESCRIPTION CHANNEL EASEMENT %1 BEING a tract of land located in the S.A. & M.G.R.R. SURVEY, Abstract No. A-1430, City of Coppell, Dallas County, Texas and being a portion of the 109.7022 acre tract of land described as Tract I conveyed to ABQ DEVELOPMENT CORPORATION by the deed recorded in Volume 88103, Page 2326 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows~ BEGINNING at an iron rod at the north end of the most southerly west boundary line of said ABQ DEVELOPMENT CORPORATION tract, said point also being the northeast corner of future Lot 1, Block A of Coppe11 High School Addition, unrecorded~ THENCE S 88° 37' §9" W, 39.21 feet along the south boundary of the aforesaid ABQ DEVELOPMENT CORPORATION tract with the north boundary of the aforesaid Lot 1, Block A, Coppell High School Addition~ THENCE N 02° 35' 57" W, 238.50 feet to a Point~ THENCE N 80° 03' §5" E, 37.74 feet to a Point~ THENCE S 01° 11' 37" E, 216.05 feet to a Point~ THENCE S 16° 40' 27" E, 29.05 feet to the POINT OF BEGINNING containing 0.1931 acres (8411 square feet) of land, more or less. EXHIBIT DEDICATION OF STORM DRAINAGE EASEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: That ABQ Development Corporation, a corporation duly organized and existing under the laws of the State of New Mexico ("Grantor"), does hereby dedicate to the City of Coppell, Dallas County, Texas ("Grantee"), for the use and benefit of the public and subject to the conditions and limitations contained herein, but without warranty of title, either express or implied, a nonexclusive easement for the purpose of locating, constructing, placing, repairing, maintaining, rep/acing, or removing a storm drainage system consisting of an underground storm drainage pipe, headwall, riprap, concrete apron and other necessary drainage improvements (hereinafter called "Storm Drain"), and for making connections to such Storm Drain in, upon and across that certain strip of land more particularly described by metes and bounds on Exhibit "A" and shown on the sketch on Exhibit "B" attached hereto and made a part hereof for all purposes (hereinafter some- times 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. This easement is granted, and accepted, subject to all encumbrances, liens, covenants, conditions and other matters 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. Grantee agrees at all times to maintain in good con- dition and repair such Storm Drain at no expense to Grantor. Further, Grantee agrees to pay Grantor promptly for all damages, if any, necessarily caused to Grantorts other lands from time to time by reason of the construction, operation, maintenance, repair, alteration, and or servicing of the Storm Drain. Should it become necessary at any time for Grantee or its agents to enter upon the Easement Strip for the purposes of maintaining, repairing, altering, and/or removing the Storm Drain 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 fences, gates, streets, roadways, driveways, paving, landscaping or other improvements that may be situated on said land, or cause or produce damages to the surface of said 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 sub- sequent entry. Grantor expressly reserves unto itself and its suc- cessors 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 interfere with the rights hereby granted to Grantee. Grantor specifically reserves, without limitation, the right (i) to grant or dedicate additional easements or rights-of-way upon or across the Easement Strip to such other persons or entities and for such purposes as Grantor may desire (ii) to extend roads, public or private streets, dri- veways, walks, passageways, landscaping, planting and other like DEDICATION OF STORM DRAINAGE EASEMENT - Page uses across and along the Easement Strip, (iii) to construct or locate upon or across the Easement Strip fences, signs, pavement and other such items or materials, (iv) to provide public or pri- vate drainage facilities upon and across the Easement Strip, or to tie into or connect Grantor's drainage facilities to the Storm Drain, provided that, in all such cases, Grantee shall not be unreasonably disturbed nor shall there be any unreasonable inter- ference in Grantee's use and enjoyment of 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. Grantee, by the acceptance and recording of this easement, hereby agrees to indemnify, defend and hold Grantor, its successors and assigns, harmless from and against any and all liability, c/aims, damages, costs and expenses (including reasonable attorney's fees) arising from any and all construction, reconstruction, maintenance, operation, removal and other work performed by Grantee, its agents and employees or its contractors or sub- contractors pursuant to its rights hereunder, unless caused solely by the negligence of Grantor. 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 easement shall terminate, without suit or reentry, when the use of said Storm Drain therein installed ceases or when Grantee abandons said Storm Drain. 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, subcontractors, agents and employees. IN WITNESS.WHEREOF, this instrument is executed this the day of [F1~6C[~ , 1989. ABQ DEVELOPMENT CORPORATION Senior Vice President DEDICATION OF STORM DRAINAGE EASEMENT - Page 2 STATE OF COUNTY This instrument was acknowledged before me on this ~ ~ day of ~a~ , 1989, by Stan Strickman, Senior Vice President of ABQ Development, a New Mexico corporation., on behalf of said corporation. OFPICIAL SEAL EDNA PACHECO NOTARY PUBLIC · STATE OF NEW MEXICO Notary Bond Filed with Secretary of State M~ .~ommiss!on Expires $,/~/P/ _ / / Notary Public in and for the State of Y~co KW~x,'¢o My commission expires: Printed name of Notary: CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Dedication of Storm Drainage Easement dated · 1989, from ABQ Development Corporation to the City of Coppell, County of Dallas· State of Texas, has been duly accepted, subject to all terms and conditions contained therein, by resolution of the City Council adopted , 198 , and the City Council has consented to recordation of such Dedication of Storm Drainage Easement by its duly authorized officer. DATED , 198 . ATTEST: Mayor, City of Coppell Dallas County, Texas City Secretary, City of Coppell Dallas County, Texas DEDICATION OF STORM DRAINAGE EASEMENT - Page 3 STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this of , 1988, by Mayor of the City of Coppell, Dallas County, Texas. day My commission expires: Notary Public in and for the State of Texas Printed name of Notary: After Filing Please Return To: ABQ Development Corporation c/o James W. Schell Law, Snakard & Gambill 3200 Texas American Bank Bldg. Fort Worth, Texas 76102 JWS/bw#95 Storm DEDICATION OF STORM DRAINAGE EASEMENT - Page 4 ~EGA~ DESCRIPTZON STORM DRAIN EASEMENT BEING a tract of land located in the S.A. & M.G.R.R. SURVEY, Abstract No. A-1430, City of Coppell, Dallas County, Texas and being a portion of the 109.7022 acre tract of land described as Tract I conveyed to ABQ DEVELOPMENT CORPORATION by the deed recorded in Volume 88103, Page 2326 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at an iron rod at the most westerly southwest corner of said 109.7022 acre tract, said iron rod also being the northwest corner of future Lot 1, Block A of Coppe11 High School Addition, unrecorded; THENCE S 87° 17' 03" W, 1181.25 feet along the south boundary of said 109.7022 acre tract to the POINT OF BEGINNING; THENCE N 01° 32' 03" E, 153.15 feet to a Point; THENCE N 85° 50' 25" W, 11.68 feet to a Point; THENCE N 16° 11' 21" W, 32.28 feet to a Point; THENCE N 25° 20' 46" E, 10.51 feet to a Point; THENCE S 76° 12' 02" E, 58.69 feet to a Point; THENCE S 28° 04' 21" W, 25.50 feet to a Point; THENCE S 65° 13' 29" W, 14.32 feet to a Point~ THENCE N 85° 50' 25" W, 5.88 feet to a Point; THENCE S 01° 32' 03" W, 152.90 feet to a Point in the south boundary of the aforesaid ABQ DEVELOPMENT CORPORATION tract and the north boundary of the aforesaid Coppell High School Addition; THENCE N 87° 17' 03" W, 10.00 feet along the south boundary of said ABQ DEVELOPMENT CORPORATION tract to the POINT OF BEGINNING, containing 0.0756 acres (3293 square feet) of land, more or less. EXHIBIT A TRACT 1 ABQ DEVELOPIVENT CORPOF~TION VOL 88103, PG. 2326 D. R. D. C. T. POIrI'T OF Bl[olnnlrl~ S 87'17'03"E / ~/~/E.~"' '~' C,., EXJSTIrlG 5'T-I11Cl4 ~ R. ¢. P. 51'oRrrl DR~Irl /- O. 0'750 R.C. o I .ri 81' I'/' o'~" E i().oO' ~ INDEPEkK3ENr SCI-.K:X)L DISTRICT 5. A. J, FR.G.R.R. SURVEY AE, STRRCl' rio. Iq.'50 EXHIBIT STORIll DRRII1 57- II1CR R.C.?. { HERDISALL oWnER RBO. OEVELOPmgffi' COR?ORR'[tOR VOL. 88105, PG, g394, s.,q. ~ rrl. G. ER. SURVEY hBSTRACT lq, H30, D,qLLAS cOUnTY, TE,yAc~ CITY OF COPPELL , TEXAS DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: That ABQ Development Corporation, a corporation duly organized and existing under the laws of the State of New Mexico ("Grantor"), does hereby dedicate to the City of Coppell, Dallas County, Texas ("Grantee"), for the use and benefit of the public and subject t9 the conditions and limitations contained herein, but without warranty of title, either express or implied, a nonexclusive easement for the purpose of locating, constructing, placing, repairing, maintaining, rep/acing, or removing a storm drainage system consisting of open earthen channels, concrete lined channels or enclosed underground drainage facilities (hereinafter called "Drainage System"), in, upon and across that certain strip of land more particularly described by metes and bounds on Exhibit "A" and shown on the sketch on Exhibit "B" attached hereto and made a part hereof for all purposes (hereinafter sometimes 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. This easement is granted, and accepted, subject to all encumbrances, liens, covenants, conditions and other matters 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. Grantee agrees at all times to maintain in good con- dition and repair such Drainage System at no expense to Grantor. Further, Grantee agrees to pay Grantor promptly for all damages, if any, necessarily caused to Grantorfs other lands from time to time by reason of the construction, operation, maintenance, repair, alteration, reconstruction, replacement and/or servicing of the Drainage System. Should it become necessary at any time for Grantee or its agents to enter upon the Easement Strip for the purposes of maintaining, repairing, altering, relocating, and/or removing the Drainage System as permitted hereunder, Grantee shall, after each entry upon said land, leave said land at the same level and con- dition 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 fences, gates, streets, road- ways, driveways, paving, landscaping or other improvements that may be situated on said land, or cause or produce damages to the 'surface of said 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 1ts suc- cessors and assigns, the right to use and enjoy the land covered by the Easement Strip for any purposes whatsoever, except insofar as sa~d use and enjoyment unreasonably Interfere with the rights hereby granted to Grantee. Grantor specifically reserves, without limitation, the right (i) to grant or dedicate additional easements or rights-of-way upon or across the Easement Strip to such other persons or entities and for such purposes as Grantor may desire (ii) to provide public or private drainage facilities upon and across the Easement Strip, or to tie into or connect DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page Grantor's drainage facilities to the Drainage System, provided that, in all such cases, Grantee shall not be unreasonably disturbed nor shall there be any unreasonable interference in Grantee's use and enjoyment of 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. Grantee, by the acceptance and recording of this easement, hereby agrees to indemnify, defend and hold Grantor, its successors and assigns, harmless from and against any and all liability, c/aims, damages, costs and expenses (including reasonable attorney's fees) arising from any and all construction, reconstruction, maintenance, operation, alteration, relocation, removal and other work performed by Grantee, its agents and employees or its contractors or subcontractors pursuant to its rights hereunder, unless caused so/ely by the negligence of Grantor. 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 easement shall terminate, without suit or reentry, when the use of said Drainage System thereon constructed ceases or when Grantee abandons said Drainage System. 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, subcontractors, agents and employees. IN WITNESS WHEREOF, this instrument is executed this the day of ~arc~ , 1989. ABQ DEVELOPMENT CORPORATION By: Start Strtckman, Senior Vice President STATE OF k/~o P'~e~;(o § COUNTY OF ~ec~at[\u § This instrument was acknowledged before me on this ~ ~[ day of rm~c~- , 1989, by Stan Strickman, Senior Vice President of ABQ Development, a New Mexico corporation, on behalf of said corporation. ~~ OFPiC'fAL SEAt.' ~~~.:~ EDNA PACHECO ,?/-':-~' :.' I~'eNOTARY PUBLIC - STATE OF N£W MEXICO ~:~'?; ;'/'~i~;'~/i? Notary Bond Filed with Secretary ot State ~.~ ;;~ ~, '~' My Commission Expires 3 ~...~=~~ Notary Public in and for the State of lIPm 14'lex~'c.O My commission expires: ; Printed name of Notary: DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page 2 CERTIFICATE OF ACCEPTANCE This ts to certify that the interest tn real property conveyed by this Dedication of Storm Drainage Channel Easement dated , 1989, from ABQ Development Corporation to the City of Coppell, County of Dallas, State of Texas, has been duly accepted, subject to all terms and conditions contained therein, by resolution of the City Council adopted , 198 , and the City Council has consented to recordation of such Dedication of Storm Drainage Channel Easement by Its duly authorized officer. DATED , 198 . ATTEST: Mayor, City of Coppell Dallas County, Texas City Secretary, City of Coppell Dallas County, Texas STATE OF TEXAS § COUNTY OF .§ This instrument was acknowledged before me on this of . 1988, by Mayor of the City of C°ppell, Dallas County, Texas. day My commission expires: Notary Public tn and for the State of Texas Printed name of Notary: After Filing Please Return To: ABQ Development Corporation c/o James W. Schell Law, Snakard & Gambtll 3200 Texas American Bank Bldg'. Fort Worth, Texas 76102 JWS/bw#95 Channe 1 DEDICATION OF STORM DRAINAGE CHANNEL EASEMENT - Page LEGAL DESCRIPTION CHANNEL EASEMENT %2 BEING a tract of land located in the S.A. & M.G.R.R. SURVEY, Abstract No. A-1430, City of Coppe11, Dallas County, Texas and being a portion of the 109.7022 acre tract of land described as Tract 1 conveyed to ABQ DEVELOPMENT CORPORATION by the deed recorded in Volume 88103, Page 2326 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at an iron rod at the most westerly southwest corner of said 109.7022 acre tract, said iron rod also being the northwest corner of future Lot 1, Block A of Coppe11 High School Addition, unrecorded; THENCE N 01° 15' 38" W, 465.00 feet along the west boundary line of said ABQ DEVELOPMENT CORPORATION tract to a Point; THENCE N 89° 22' 36" E, 55.00 feet to a Point; THENCE S 11° 04' 17" W, 72.36 feet to a Point; THENCE S 04° 11' 21" W, 101.24 feet to a Point; THENCE S 01° 15' 38" E, 295.00 feet to a Point lying in the south boundary line of the aforesaid ABQ DEVELOPMENT CORPORATION tract and the north boundary of the aforesaid Coppell High School Addition; THENCE N 87° 17' 03" W, 30.00 feet along the south boundary line of the aforesaid ABQ DEVELOPMENT CORPORATION tract with the north boundary of the aforesaid Coppe11 High School Addition to the POINT OF BEGINNING, containing 0.3594 acres (15,656 square feet) of land, more or less. EXHIBIT A TRACT 1 VOL 88103, PG. 2326 D. R. D. C. T. n ~ CO1T0nN00D rD. 143o 5 Il* 0~' Iq" ~ - ,_ ~ .SAIl. - 3EW.----- -' '30' WIDE SAri. SEWER F.~ItlT. 0 VOL,. 751R~.. P~. 1372 N O. 55 9~. AC. ~ o $o IOO 150 I I I I Iq" 0"5~ W- 30.00' EXHIBIT CHArlrlEL EP, SErrlEKIT ERKI'R[n cH~nnE[, OWNER ABQ DEVELOPrqEnT CORPOFATIOrl VOl,. 88105, PG, 858& SA. ~. ITI. G.K.K. SURVEY ABSI'RACT n~.M~0, DALLAS rlT OF BE¢lnnlno J C, IT Y OF C0PPELb,-TEX/t S ~LL INDEPENDENT SCHCX~ DISTRICT ~FJj~JIIJ Jerry PaKh~ Consulting Engineers ~'gr'lDgK -"' ''""' '~'~LT'T.,-TTI~Trrl Pt DEDICATION OF SANITARY SEWER EASEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: That ABQ Development Corporation, a corporation duly organized and existing under the laws of the State of New Mexico ("Grantor"), does hereby dedicate to the City of Coppell, Dallas County, Texas ("Grantee"), for the use and benefit of the public and sub3ect to the conditions and limitations contained herein, but without warranty of title, either express or implied, a nonexclustve easement for the purpose of locating, constructing, p/acing, repairing, maintaining, replacing, relocating or removing underground sanitary sewerage lines (hereinafter called "Sewerage"), and for making connections to such Sewerage, in, upon and across that certain strip of land more particularly described by metes and bounds on Exhibit "A" and shown on the sketch on Exhibit "B" attached hereto and made a part hereof for all purposes (hereinafter sometimes 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. This easement ts granted, and accepted, subject to all encumbrances, liens, covenants, conditions and other matters 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. Grantee agrees at all times to maintain tn good con- dttion and repair such Sewerage at no expense to Grantor. Further, Grantee agrees to pay Grantor promptly for all damages, if any, necessarily caused to Grantor's other lands from time to time by reason of the construction, operation, maintenance, repair, alteration, and or servicing of the Sewerage. Should it become necessary at any time for Grantee or its agents to enter upon the Easement Strip for the purposes of maintaining, repairing, altering, relocating, and/or removing the Sewerage 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 fences, gates, streets, roadways, driveways, paving, landscaping or other improvements that may be situated on said land, or cause or produce damages to the surface of said 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 suc- cessors 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 Interfere with the rights hereby granted to Grantee. Grantor specifically reserves, without limitation, the right (t) to grant or dedicate additional easements or rights-of-way upon or across the Easement Strip to such other persons or entitles and for such purposes as Grantor may desire (ti) to extend roads, public or private streets, dri- veways, walks, passageways, landscaping, planting and other like uses across and along the Easement Strip, (iii) to construct or locate upon or across the Easement Strip fences, signs, pavement DEDICATION OF SANITARY SEWER EASEMENT - Page and other such items or materials, (iv) to provide public or pri- vate drainage facilities upon and across the Easement Strip, pro- vided that, in all such cases, Grantee shall not be unreasonably disturbed nor shall there be any unreasonable interference in Grantee's use and enjoyment of 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. Grantee, by the acceptance and recording of this easement, hereby agrees to indemnify, defend and hold Grantor, its successors and assigns, harmless from and against any and al/ liability, c/aims, damages, costs and expenses (including reasonable attorneyts fees) arising from any and all construction, reconstruction, maintenance, operation, removal and other work performed by Grantee, its agents and employees or its contractors or sub- contractors pursuant to its rights hereunder, unless caused solely by the negligence of Grantor. It is understood and agreed that this agreement is an easement only and tn no way grants or conveys any part of the underlying fee simple estate of any lands owned by Grantor. This easement shall terminate, without suit or reentry, when the use of said Sewerage therein installed ceases or when Grantee aban- dons said Sewerage. 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, subcontractors, agents and employees. IN WITNESS WHEREOF, this instrument ts executed this the day of Pfl~tC~ , 1989. ABQ DEVELOPMENT CORPORATION Senior Vice President STATE OF ~ § 0. This instrument was acknowledged before me on this ~,*-~ day of ~[lf~ , 1989, by Stan Strtckman, Senior Vice President of ABQ Development, a New Mexico corporation, on behalf of said corporation.  OFFICIAL SEAL  of State ~[~'~ Notary Bond Filed with /M Notary Public tn for the ~ My Commission Ex,res - State of My commission expires: Printed name of Notary: DEDICATION OF SANITARY SEWER EASEMENT - Page 2 CERTIFICATE OF ACCEPTANCE This ts to certify that the interest in real property conveyed by this Dedication of Sanitary Sewer Easement dated , 1989, from ABQ Development Corporation to the City of Coppell, County of Dallas, State of Texas· has been duly accepted· subject to al/ terms and conditions contained therein, by resolution of the City Council adopted 198 , and the City Council has consented to recordation of such Dedication of Sanitary Sewer Easement by its duly authorized officer. DATED , 198 . ATTEST: Mayor· City of Coppell Dallas County· Texas City Secretary, City of Coppell Dallas County, Texas STATE OF TEXAS § COUNTY OF ,§ This instrument was acknowledged before me on this of , 1988, by Mayor of the City of Coppell, Dallas' County, Texas. day My commission exptres: Notary Public tn and for the State of Texas Printed name of Notary: After Filing Please Return To: ABQ Development Corporation c/o James W. Schell Law, Snakard & Gambill 3200 Texas American Bank Bldg. Fort Worth, Texas 76102 JWS/bw#95 Easement DEDICATION OF SANITARY SEWER EASEMENT - Page 3 LEGAL DESCRIPTION SANITARY SEWER EASEMENT BEING a tract of land located in the S.A. & M.G.R.R. SURVEY, Abstract No. A-lA30, City of Coppell, Dallas County, Texas and being a portion of the 109.7022 acre tract of land described as Tract i conveyed to ABQ DEVELOPMENT CORPORATION by the deed recorded in Volume 88103, Page 2326 of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at an iron rod at the north end of the most southerly west boundary line of said 109.7022 acre tract, said iron rod also being the northeast corner of future Lot 1, Block A of CoDpell High School Addition, unrecorded; THENCE S 88° 37' 59" W, 39.21 feet along said boundary of the aforesaid ABQ DEVELOPMENT CORPORATION tract with the north boundary of the aforesaid Lot 1, Block A, Coppe11 High School Addition to the POINT OF BEGINNING~ THENCE S 88° 37' 59" W, 15.00 feet continuing along said boundary - to a Point~ THENCE N 02~ 35' 57" W, 204.79 feet to a Point; THENCE N 83° 20' 22" E, 8.08 feet to a Point~ THENCE N 87~ 10' AS" E, 6.94 feet to a Point~ THENCE S 02~ 35' 57" E, containing 0.0707 less. 205.71 feet to the POINT OF BEGINNING, acres (3081 square feet) of land, more or EXHIBIT I SAlt. SE~EK EStrrT. UOI,. '75 I~?. , PG. 0'109 AC. I §.A. ( m.&.RR. SURVEY EXHIBIT 5Ar11'TRRY 5EWER ERsErrlErlT 18"GEbJER Llrl£ C:~n£R P,15Q DEVELOPFIEnT VOb. S810'~, PG, CITY OF ¢OPPELb, ASS'TRACT n, Iq~o, DALLAS ¢OUI't'TY,'TEXA5