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~