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Cpl HS 1P/FP-ES 890426DEDICATION OF STORM DRAINAGE EASEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: That the Coppell Independent School District, of Dallas County, Texas by and through the President of its Board of Trustees, on behalf of such Board of Trustees ("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 a box culvert 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 (i) of record in Dallas County, Texas, and/or (tt) 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 Grantor's 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 ri.ght to use and enjoy the /and 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 Str~p, or to t~e into or connect Grantorts drainage facilities to the Storm Drain, and (v) to grant easements to and permit other landowners to tie into or connect storm drainage laterals to the Storm Dra~n, 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 r~ghts 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 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 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 Granteets option, by Grantee's contractors, subcontractors, agents and employees. day of ~ instrument is executed this the 1989. Board of Trustees of the COPPELL INDEPENDENT SCHOOL DISTRICT DEDICATION OF STORM DRAINAGE EASEMENT - Page 2 STATE OF~ COUNTY OF Th/s inst~ment was acknowledged before me of ~~~&~ , 1989, by JudI Bag~ Board"of TrUstees of the Coppell Independent behalf of said Board of Trustees. on tht~~day Baggett, Prestdeht of the School District, on .%: .......... ,.1.. -.. ~ ' I ~. :~>?j-~. l STA:a OF ~ N~;~;-~?:/ My Comm. exp. May ~3, 1991 My commt:~ston expires: Printed name of Not~ry: CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Dedication of Storm Drainage Easement dated , 1989, from the Board of Trustees of the Coppell Independent School District to the City of Coppe11, 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 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 2.Storm DEDICATION OF STORM DRAINAGE EASEMENT - Page 4 LEGAL DESCRIPTION STORM DRAIN EASEMENT - BOX CUhVERTS BEING a tract of' land located in the GEORGE W. JACK SURVEY, Abstract No. 694, City of Coppell, Dallas County, Texas and .being a portion of the tract of land conveyed to COPPELL INDEPENDENT SCHOOL DISTRICT by the deed recorded in Volume 89008, Page 2731 of the Deed Records of Dallas County, Texas, and more particularly described by metes and bounds as follows~ BEGINNING at an iron rod at the most northerly northeast corner of said tract, said iron rod also being at the north end of the most southerly west property line of a tract of land described as Tract I conveyed to ABQ DEVELOPMENT CORPORATION by deed recorded in Volume 88103, Page 2326 of the Deed Records of Dallas County, Texas; THENCE S 00° 45' 04" E, along the east boundary of the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract at 1299.41 feet passing an iron rod being the most southerly southwest corner of said ABQ DEVELOPMENT CORPORATION tract and continuing in all a total distance of 1328.54 feet to a point, said point being the most southerly southeast corner of the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract; THENCE N 86° 34' 00" W, 30.08 feet along the south boundary of the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract to a Point; THENCE N O0° 45' 04" E, 971.43 feet to a Point~ THENCE S 89° 14' 56" W, 5.00 feet to a Point; THENCE N 00° 45' 04" W, 355.05 feet to a Point lying in the north boundary line of the aforesaid COPPELL INDEPENDENT SCHOOL DISTRICT tract; THENCE N 89° 28' 56" E, 35.00 feet along said north boundary line of the COPPELL INDEPENDENT SCHOOL DISTRICT tract with the south boundary line of the aforesaid ABQ DEVELOPMENT CORPORATION tract to the POINT OF BEGINNING, containing 0.9550 acres (41,600 square feet) of land, more or less. EXHIBIT n Gq° gs, 5&"E :~'~%/ POINT OF BEGinnln6 S.A. ~. m.&.K.K. SURUEY t- 35.0'-~ ~, PROPER?Y LIFIE TRACT 1 ABQ DEVELOPMENT CORPORATION VOl_ 88103, PG. .2326 D. R. D. C. T. ~ O. 9~0 AC. SCHO(X. DISTRICT II I VOL 89008, PG. 2731 Ii ! , 5TOKrrl DKAIfl EASEmEnT I Jl BOX CULVERT I COPPELL I.S.D. . ,,, .x t VOl,. ~.-n ~o-~'ocr~ GEOKGE ~J'.3'A~.K SURVEY ~o. os, ABSTR^Cl'Ra G~,DALLA$ COUFITY,'TEX~ CITY OF COPPELt,,I'£XA5 EXHIBIT B' 3'ArIuAIA¥ 15,1989 dpJerry Parch~ Consulting Engineers 320 %V,$:w.q~ ntace · S4~e 501 · Arlington. Texas 76018 · Metro f~lTi 467.~418 · ~117~ 465.025c~